Tort is perhaps the least bastion of the common law. The one common element is that someone has sustained a loss or harm as the result of some act or failure to act by another. Keeton and Keeton in their book define torts as “Tort law is a body of law concerned with granting or denying claims of individuals or impersonal legal entities against each other for the award of damages or other forms of legal reliefs”.Īmerican Jurist Edward Kionka writes “Tort is an elusive concept (and) has defied attempts to formulate a useful definition. Peter Bricks contribution in defining torts is “The breach of a legal duty which affects the interests of an individual to a degree which the law regards as sufficient to allow that individual to complain on his or her own account rather than as a representative of society as a whole”.īurdick helps in defining the term as “an act or omission which unlawfully violates a person’s right created by law and for which the appropriate remedy is a common law action for damages by the injured person” Pollock’s contribution to the definition is “tort is an act or omission (not merely the breach of a duty arising out of personal relations, or undertaken by a contract which is related to harm suffered by a determinate person, giving rise to a civil remedy which is not an action of contract”įaeser defines tort as “Tort is an infringement of a right in rem of a private individual giving of compensation at the suit of the injured party”.
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