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 Page 1


Law of Torts 
- 1
Page 2


Law of Torts 
- 1
Introduction
Definition
A tort is a wrongful act 
leading to civil liability, 
allowing for compensation 
recovery.
Etymology
The term "tort" has ancient 
Latin linguistic roots, 
meaning "twisted" or 
"wrongful."
Legal Perspective
Salmond defines it as a 
civil wrong remedied 
through common law 
actions for unliquidated 
damages.
Winfield's View
Tortious liability results 
from breaching a duty 
established by law towards 
individuals in general.
Page 3


Law of Torts 
- 1
Introduction
Definition
A tort is a wrongful act 
leading to civil liability, 
allowing for compensation 
recovery.
Etymology
The term "tort" has ancient 
Latin linguistic roots, 
meaning "twisted" or 
"wrongful."
Legal Perspective
Salmond defines it as a 
civil wrong remedied 
through common law 
actions for unliquidated 
damages.
Winfield's View
Tortious liability results 
from breaching a duty 
established by law towards 
individuals in general.
Examples
Scenario 1: Car Accident
A person negligently causes a car accident, injuring another 
driver. The injured party can seek compensation for medical 
expenses and damages.
Scenario 2: Defective Product
A company releases a defective product that harms consumers. 
Consumers file a lawsuit for compensation under tort law.
Page 4


Law of Torts 
- 1
Introduction
Definition
A tort is a wrongful act 
leading to civil liability, 
allowing for compensation 
recovery.
Etymology
The term "tort" has ancient 
Latin linguistic roots, 
meaning "twisted" or 
"wrongful."
Legal Perspective
Salmond defines it as a 
civil wrong remedied 
through common law 
actions for unliquidated 
damages.
Winfield's View
Tortious liability results 
from breaching a duty 
established by law towards 
individuals in general.
Examples
Scenario 1: Car Accident
A person negligently causes a car accident, injuring another 
driver. The injured party can seek compensation for medical 
expenses and damages.
Scenario 2: Defective Product
A company releases a defective product that harms consumers. 
Consumers file a lawsuit for compensation under tort law.
Essential Elements of Torts
Wrongful Act
Failure to fulfill a legal duty, 
negligently or intentionally, resulting in 
harm to another individual.
Legal Damage
Injuria sine damno: breach, unharmed. 
Damnum sine injuria: harm, 
unbreached.
Legal Remedy
For an action to be a tort, a legal 
remedy such as damages must be 
available.
Page 5


Law of Torts 
- 1
Introduction
Definition
A tort is a wrongful act 
leading to civil liability, 
allowing for compensation 
recovery.
Etymology
The term "tort" has ancient 
Latin linguistic roots, 
meaning "twisted" or 
"wrongful."
Legal Perspective
Salmond defines it as a 
civil wrong remedied 
through common law 
actions for unliquidated 
damages.
Winfield's View
Tortious liability results 
from breaching a duty 
established by law towards 
individuals in general.
Examples
Scenario 1: Car Accident
A person negligently causes a car accident, injuring another 
driver. The injured party can seek compensation for medical 
expenses and damages.
Scenario 2: Defective Product
A company releases a defective product that harms consumers. 
Consumers file a lawsuit for compensation under tort law.
Essential Elements of Torts
Wrongful Act
Failure to fulfill a legal duty, 
negligently or intentionally, resulting in 
harm to another individual.
Legal Damage
Injuria sine damno: breach, unharmed. 
Damnum sine injuria: harm, 
unbreached.
Legal Remedy
For an action to be a tort, a legal 
remedy such as damages must be 
available.
Law of Tort or Law of Torts
Winfield's View
Tort law is continually evolving with the addition of new 
torts. Hence, it is referred to as the law of tort.
Salmond's View
Salmond believed it should be called the law of torts, 
suggesting a collection of specific wrongs.
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