Essentials of tort, according to Salmond and Winfiled

Essentials of tort, according to Salmond and Winfiled

As per Salmond’s definition, the essentials of a tort are –

  1. There must be a civil wrong,
  2. The remedy for that wrong, is a common law action for unliquidated damages, and
  3. which is not exclusively the reach of a contract or the breach of trust or other merely equitable obligation.

According to Dr. Winfield, the essentials of a tort are –

  1. Tortious liability arises from breach of duty primarily fixed by law,
  2. This duty is towards person generally, and
  3. Its breach is redressable by an action for unliquidated damages
Last Updated: April 13, 2013