Model Answer
0 min readIntroduction
The legal concept of tort originates from the Latin term ‘tortus,’ meaning ‘twisted’ or ‘wrong.’ A tort is, fundamentally, a civil wrong, distinct from a criminal wrong, that results in legal liability for the person who commits the tortious act. While the statement “a tort is a specie of civil wrong” is accurate, it is an incomplete definition. It merely establishes the broad category to which torts belong. To fully grasp the concept, a deeper understanding of its elements, classifications, and remedies is crucial. This answer will examine this definition and add other features to make it comprehensive.
Understanding the Core Definition
The statement correctly positions torts within the larger framework of civil wrongs. A civil wrong generally refers to any act that causes harm to another person, giving rise to a legal claim for compensation. This includes breaches of contract, property disputes, and, crucially, torts. However, not all civil wrongs are torts. A tort specifically involves a breach of a duty owed to another person, resulting in harm.
Essential Elements of a Tort
To constitute a tort, several elements must be present:
- Duty of Care: A legal duty exists to avoid acts or omissions that could reasonably be foreseen to cause harm to others. (Donoghue v Stevenson, 1932 – established the ‘neighbour principle’).
- Breach of Duty: The defendant must have failed to meet the standard of care expected of a reasonable person in similar circumstances.
- Causation: A direct causal link must exist between the defendant’s breach of duty and the plaintiff’s harm. This includes both ‘cause-in-fact’ (but-for test) and ‘proximate cause’.
- Damages: The plaintiff must have suffered actual harm or loss – physical injury, property damage, emotional distress, or economic loss.
Classifications of Torts
Torts are broadly categorized into several types:
- Intentional Torts: These involve deliberate acts causing harm, such as assault, battery, false imprisonment, defamation, and trespass.
- Negligence: This arises from a failure to exercise reasonable care, resulting in harm. Examples include road accidents, medical malpractice, and product liability.
- Strict Liability: Liability is imposed regardless of fault, typically for inherently dangerous activities. (Rylands v Fletcher, 1868 – rule regarding keeping dangerous substances).
- Vicarious Liability: Liability is imposed on one person for the torts of another, often based on a relationship like employer-employee or principal-agent.
Distinction from Other Wrongs
| Tort | Crime | Breach of Contract |
|---|---|---|
| Civil wrong; private harm | Public wrong; offense against the state | Violation of agreed-upon terms |
| Remedy: Compensation (damages) | Remedy: Punishment (fine, imprisonment) | Remedy: Specific performance, damages |
| Focus: Compensation for victim | Focus: Deterrence and societal protection | Focus: Enforcing the agreement |
Remedies for Tortious Acts
The primary remedy for a tort is damages, which can be:
- Compensatory Damages: To compensate the plaintiff for actual losses (medical expenses, lost wages, property damage).
- Punitive Damages: To punish the defendant for egregious conduct and deter future wrongdoing. (Awarded rarely).
- Nominal Damages: A small sum awarded when a tort is proven but no substantial harm is shown.
- Injunction: A court order requiring the defendant to stop a particular action.
Conclusion
In conclusion, while the statement that a tort is a ‘specie of civil wrong’ is fundamentally correct, it provides only a partial understanding. A comprehensive definition necessitates recognizing the essential elements of duty, breach, causation, and damages, alongside the diverse classifications of torts and their distinction from other legal wrongs. Understanding the available remedies is also crucial. The law of torts continues to evolve, adapting to new societal challenges and technological advancements, ensuring its relevance in protecting individual rights and providing redress for harm.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.