Jurisprudence, Interpretation and General Laws · Law of Torts

Introduction to Law of Torts: Meaning, Nature and Differences

Updated 11 October 2026 · Fact-checked

A **tort** is a civil wrong, other than a mere breach of contract or trust, for which the law gives the injured person a remedy, usually unliquidated damages. The duty is fixed by law, not by agreement. To answer exam questions, define tort, state its nature, then compare it with crime and contract.

Understand Introduction to Law of Torts

Start with a simple idea. Society expects you not to harm others. When you do, the law may let the injured person claim money or another remedy from you. The branch of law dealing with such civil wrongs is the law of torts.

The word comes from the Latin *tortum*, meaning twisted or wrong. A tort is a civil wrong. It is not a crime, and it is not merely a breach of a contract. The duty that is broken is imposed by law and owed to people in general, not to one person who agreed to it.

A widely quoted definition is that of Salmond: 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 Limitation Act, 1963 (s.2(m)) defines tort as a civil wrong which is not exclusively the breach of a contract or the breach of a trust. Note that no single definition is perfect, so you should state the key features instead of memorising one line.

The nature of tort can be seen in these features:

It is a civil wrong, so the injured person sues, not the State.
The duty is fixed by law and owed towards persons generally.
The usual remedy is unliquidated damages, meaning the amount is not fixed beforehand and the court decides it. Damages are the usual remedy, not the only one.
Other remedies include injunction and, in some cases, restitution of property.
Liability generally needs a wrongful act or omission and legal damage, which you study in the next topic.

The objectives of tort law are to compensate the victim, to deter wrongful conduct, to settle disputes between private parties peacefully, and to declare and protect the rights of persons. Tort law in India is largely uncodified. It rests on English common law principles, adapted by Indian courts according to justice, equity and good conscience.

The same act can be a tort, a crime and a breach of contract together. For example, a taxi driver employed by a cab company drives rashly and injures a passenger who had booked the ride. The passenger can sue in tort for negligence. The State can prosecute the driver under the Bharatiya Nyaya Sanhita, 2023 for rash or negligent driving (for example s.281) or for causing hurt by an act endangering life or personal safety (s.125). The passenger may also claim for breach of the contract of carriage with the cab company. Learn to separate the three branches by who sues, what the aim is, and what the outcome is.

Key rules to remember

Definition of tort (core idea): Tort = civil wrong + duty fixed by law + remedy usually by unliquidated damages + not merely breach of contract or trust; Use these four elements to build your own definition in the answer. Damages are the usual remedy, not the only one, because an injunction or other relief may also be granted.
Tort v. Crime: who proceeds: Tort: injured person sues. Crime: State prosecutes.; Also link the aim: compensation in tort, punishment in crime.
Tort v. Contract: source of duty: Tort: duty fixed by law, towards persons generally. Contract: duty fixed by the parties, towards specific persons.; This is the main point of difference, so lead with it.
Damages: Tort: unliquidated damages. Contract: may be liquidated (agreed) or unliquidated.; Unliquidated means the court decides the amount.
Privity: Tort: privity of contract not required. Contract: privity is generally required.; A stranger can sue in tort if the elements are met.

How to solve Introduction to Law of Torts questions

Questions on this topic are either about the meaning and nature of tort, or ask you to compare tort with crime or contract. Use the same structure each time.

1Read the question and mark the keyword: define, explain nature, distinguish, or apply to facts.
2Open with a one-line definition of tort as a civil wrong with a remedy of unliquidated damages.
3List the key features: civil wrong, duty fixed by law, remedy in damages, not merely breach of contract or trust.
4If the question says distinguish, draw a point-by-point comparison covering meaning, source of duty, who sues, aim, remedy, and intention.
5If facts are given, identify whether the act is a civil wrong, a crime, a breach of contract, or more than one of these.
6Link each conclusion to the reason, such as the duty being fixed by law or the parties having agreed to it.
7Close with a clear conclusion that answers the exact question asked.

Quickest way: Quick comparison drill

When to use it: Use this when you have about five minutes for a distinguish question and need a safe, complete answer.

Write the definition of tort in one line.
Choose five or six points: meaning, source of duty, who sues, aim, remedy, and need for intention or privity.
Write each point as tort first, then the other branch, in short sentences.
Add one line that the same act can be both a tort and a crime or a contract breach.
End with a one-line conclusion.

Common mistakes in Introduction to Law of Torts

Saying a tort is the same as a crime because both are wrongs.
Both involve harm, so students merge them.
Fix: Remember that tort is a private civil wrong remedied by damages, while crime is a public wrong punished by the State.
Writing that damages in tort are fixed in advance.
Students confuse unliquidated with liquidated damages.
Fix: Say unliquidated damages, meaning the court assesses the amount after hearing the case.
Claiming that a breach of contract is always a tort too.
The same facts can sometimes be both, and students overgeneralise.
Fix: State that a mere breach of contract is not a tort. It becomes a tort only if a separate duty fixed by law is also broken.
Forgetting that privity is not needed in tort.
Students carry contract rules into tort.
Fix: Include the point that a person with no contract with the wrongdoer can still sue in tort.
Writing a distinction as paragraphs without clear points.
Students do not plan the comparison.
Fix: Use numbered points, one basis of difference each, so the examiner can award marks line by line.
Stating that tort law is fully codified in India.
Students assume every branch of law has an Act.
Fix: Say it is largely uncodified and developed from English common law, adapted by Indian courts, with some statutes in specific areas.

Worked examples

Example 1

Define tort and explain its nature. How does it differ from a crime?

Show the solution

Definition: a tort is a civil wrong, other than a mere breach of contract or trust, for which the remedy is an action for unliquidated damages.
Nature: the duty is fixed by law and owed to persons generally; the injured person sues; the usual remedy is damages, and injunction may also be granted.
Difference one: a tort is a private wrong against an individual, while a crime is a public wrong against society.
Difference two: in tort the injured person sues, while in crime the State prosecutes.
Difference three: the aim of tort law is compensation, while the aim of criminal law is punishment.
Difference four: tort remedy is damages or injunction, while crime leads to fine, imprisonment or other punishment.
Difference five: tort law is largely uncodified, while crimes are defined in statutes such as the Bharatiya Nyaya Sanhita, 2023.
Note that one act can be both, for example a physical assault.

Answer: A tort is a civil wrong remedied by unliquidated damages, with the duty fixed by law. It differs from a crime in that it is a private wrong, the injured person sues, the aim is compensation, and the remedy is civil, whereas a crime is a public wrong prosecuted by the State and punished.

Example 2

Ravi books a taxi from Mehta Cabs under a contract. The driver, employed by Mehta Cabs, drives rashly and injures Sunil, a pedestrian. Sunil wants to sue. Can Sunil claim in tort even though he has no contract with the cab company?

Show the solution

Identify the issue: whether a person with no contract can claim for harm caused by a wrongful act.
State the rule: in tort the duty is fixed by law and owed to persons generally, so privity of contract is not needed.
Apply to the driver: the driver owed a duty of care to other road users, including Sunil. Rash driving breached that duty and caused injury, so Sunil can sue the driver in tort.
Apply to the company: the driver was employed by Mehta Cabs and was driving in the course of employment. An employer is vicariously liable for a tort committed by an employee in the course of employment, so Sunil can also claim against Mehta Cabs.
Note that neither claim depends on the contract between Ravi and Mehta Cabs, because Sunil is not a party to it and privity is not required.
Note the likely remedy: damages for the injury. The driver's conduct may also attract criminal liability separately.

Answer: Yes. Sunil can sue the driver in tort because the duty to drive carefully is fixed by law and owed to all road users. He can also claim against Mehta Cabs as employer under vicarious liability, since the driver acted in the course of employment. Privity of contract is not required for either claim, and his remedy is damages.

Exam tips

Start every answer with a clear one-line definition of tort. It earns marks even if the rest is short.
For a distinguish question, write at least five numbered points, and always cover who sues, aim and remedy.
Include the phrase unliquidated damages. Examiners look for it.
In fact-based questions, say whether the facts show a tort, a crime, a contract breach, or more than one, and give the reason.
Keep a short sentence that tort law in India is largely uncodified and based on common law principles.

Practice questions from Law of Torts

Introduction to Law of Torts: frequently asked questions

What is the meaning of tort in simple words?

A tort is a civil wrong that causes harm to another person. The duty broken is fixed by law, not by a contract. The injured person can sue for damages or other civil remedy.

What is the main difference between tort and breach of contract?

In tort the duty is fixed by law and owed to persons generally. In breach of contract the duty arises from the agreement between specific parties. Privity is also generally needed in contract but not in tort.

What is the main difference between tort and crime?

A tort is a private wrong where the injured person sues for compensation. A crime is a public wrong where the State prosecutes and the aim is punishment. The same act can be both.

Are damages in tort fixed or unliquidated?

Damages in tort are unliquidated, which means the court decides the amount based on the harm proved. They are not fixed in advance by the parties.

Is the law of torts codified in India?

It is largely uncodified. Indian courts follow principles derived from English common law, adapted to Indian conditions, and some specific statutes also deal with particular areas.