Nature of a tort


1. A tort is a civil wrong which entitles a person who is injured by itsy commission to claim damages for his loss, whether purely by way of reparation or as a way of bringing home to the defendant the anti-social nature of his act. An injunction is also a proper remedy in some circumstances.
Whereas contractual duties are imposed by the parties to the contract themselves, the duty to refrain from committing torts is imposed by the general law of the land, independently of the wishes of the plaintiff or of the defendant.

2. Types of torts
a) Trespasses: A trespass is a direct and forcible injury. The plaintiff need not prove damages; he must only show that a trespass has been committed.
b) Actions on the case: Those were actions for damage caused otherwise than directly and forcibly. They were recog- nized in circumstances in which there had been no remedy but the plaintiff could show that, upon the facts of the case, he had suffered damage as the result of some act or omission of the defendant. Here, the plaintiff must show that he suffered some acual ('special') damage.

3. Damage
a) Damnun sine injuria: 'Damage without injury / without injusice'. Some harm is not legally recognized (too trivial, or such as must be taken into account, i.e. free competition leading to damages to business interests). An early example of such 'public policy' defence fostering free competition is the
Gloucester Grammar School Case 1410.
The death of a human being was first not recognized as an injury:
Baker v. Boulton 1808; later narrowed in:
Jackson v. Watson & Sons 1909 - actions based on both tort and contract are possible upon death.
b) Damage must be caused by the fault of the defendant (in the sense that he acted intentionally or carelessly). The motive which actuates him, whether good or bad, is in general irrelevant to legal injury. Good motive will not justify a wrong; a bad motive will not make illegal what is otherwise be lawful.
Exceptions: Assault actuated by the motive of self-defence will excuse the defendant; whereas malice may excep- tionally create liability in nuisance and injurious falsehood. An improper motive may also make that a conspiracy which would otherwise not be one and may negative a plea of qualified privilege in defamation.
c) Damages must not be too remote; the defendant has to pay for the more immediate results of his misdeeds.