Rohit Kumar Soni, SVKM'S NMIMS KIRIT P MEHTA SCHOOL OF LAW
Introduction
The word tort has been derived from latin term called tortum which means twisted. The word tort is a french word. The word tort has similar meaning to english word wrong or roman word delict or the sanskrit word jimha.
The meaning of tort is violation of legal right of any person by the other one. It is the duty of every individual to respect the legal right of other person and shouldn’t violate that right. For example if someone without any reason enters your house, he has comitted the tort of tresspas beacause he has violated your right to privacy by entering your house without your permission. This would be considerd unlawful act in the eyes of law.
The fisrt case in the world where the court used the word tort is 1Boulton v. Hardy (1597, Cro. Eliz 547). In the case 2Jayalakshmi Salt Worls Pvt Ltd. V. State of Gujarat (1994) 4 SSC 1. The supreme court of India in its judgement stated the dictionary meaning of of word tort which is breach of duty leading to damage.
There is no concrete definition of word tort because the concept of tort law is based on common law, which are judge made laws and due to the diverfication, each judgment has its own historic background.
