Law of Torts Definition and essentials
It is often said that a wrong which is not a crime, which is not a breach of contract or which is not a breach of trust, is a wrongful tort.
The term tort is the French equivalent of the English word wrong. The word tort is also derived from the Latin word tortum, which means twisted or crooked or wrong, in contrast to the word rectum,which means straight (rectitude uses that Latin root).
Thus conduct that is twisted or crooked and not straight is a tort. The term was introduced into the English law by the Norman jurists.
To constitute a tort, the following conditions must be met:
The defendant must have done some act or omission.
The act or omission should have resulted in legal harm (injuria), i.e. infringement of the claimant’s legal right.
The wrongdoing or commission must be of such a nature that a legal remedy can be found.
Wrongful act: a person, that is, the defendant, must commit a wrongful act.
Legal damage: the wrongdoing must result in legal harm to a person, that is to say to the complainant.
Legal remedy: the wrongdoing must be of such a nature as to give rise to a legal remedy in the form of a damages action.
A person who commits a tort is known as a tortfeasor .
Injuria means an infringement of a right conferred on the complainant by law or unauthorized interference with the right of the complainant, however trivial it may be.
Sine means without
Damnum means substantial money, comfort, health, loss or damage.
Thus, injuria sine damnum means an infringement of the law without causing the plaintiff any harm, loss or damage
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