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tort or culpa aquillana is an omission or commission of acts that results in violation of other's right.
The word “Tort” is derived from the Latin word “Tortum” which means to twist. Thus, tort means a conduct which is twisted or tortuous. In English, it means a wrong and, in the Roman law, it is called “delict.” A tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.
The duty with which the law of torts is concerned is the duty to abstain from wilful injury, to respect the property of the others, and to use due diligence to avoid causing harm to others.
Liability for a tort arises when the wrongful act complained of amounts either to an infringement of a legal private right or a breach or violation of a legal duty.
A wrong is a breach of some duty (a breach of tort) and it may be either civil or criminal.
1. It may be an act which, without lawful justification or excuse, is intended by the agent to cause harm, and does cause the harm complained of.
For Example: The intent to do an act - The defendant fires a rifle.
2. It may be an act in itself contrary to law, or an omission of specific legal duty, which causes harm not intended by the person so acting.
For Example: It may be an act or omission causing harm which the person so acting did not intend to cause, but might and should with due diligence have foreseen and prevented.
3. He acts intentionally, but does so act under fear or threats.
4. The defendant does not act. He is carried onto someone’s land against his will.
5. The defendant acts with the desire to affect the plaintiff, but for an entirely permissible or laudable purpose. He shoots the plaintiff in self-defense.
Tortious liability arises from the breach of a duty (the breach of a tort) primarily fixed by law; this duty is generally towards individuals, and its breach is redressible by an action for unliquidated damages.
Tort (or law of Torts) is an instrument for making people adhere to standards of reasonable behavior and respect the rights and interests of one another. This is attained by protecting interests and by providing for situations when a person whose protected interests are violated can recover compensation for the loss suffered by him from the person who has violated the same. To constitute a Breach of Tort, there must be a wrongful act committed by a person against another person. The wrongful act must give rise to legal damage or actual damage. The wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages. He acts with the desire to affect the plaintiff, but for an entirely permissible or laudable purpose. He shoots the plaintiff in self-defense.
A legally wrongful act, as regards the party complaining, is that which prejudicially affects him in some legal right. Merely, that it will, however, directly do him harm in his interest is not enough.
A right in its main aspect consists in doing something or receiving and accepting something. So, an obligation consists in performing some act or in refraining from performing an act.
Where there is a right, there is a duty. To every right, there corresponds an obligation or duty. If the right is legal, so is the obligation.
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