Understanding Salmond's Definition of Tort: A Cornerstone of Civil Wrong Law 

Author: Abhishek Jat, Advocate

The Law of Torts forms a vital part of the legal system by addressing civil wrongs and providing remedies to those injured by the wrongful acts of others. One of the most influential definitions in the realm of tort law was formulated by Sir John William Salmond, a distinguished legal scholar whose work continues to shape our understanding of tort law today. 

What is a Tort? 

Salmond's perspective Salmond defined tort as: 

" A civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or the breach of trust or other merely equitable obligations." 

The definitions carries several important implications:  

• Civil wrong: A tort is a wrong against an individual or entity for which the injured party can seek remedy through civil law, as the opposed to criminal law which deals with offences against the state or society.
• Unliquidated Damages: Unlike contract breaches where damages may be pre-agreed or liquidated, tort remedies involve unliquidated damages, i.e., damages are determined by the court after considering the harm caused.
• Distinct from the Contract and Trust: Tort law operates independently from contract or trust laws, addressing wrong beyond those agreement or fiduciary responsibilities.

Key Element in Salmond's Definition

• Civil wrong and Remedy: Tort is a wrong actionable in civil courts where the aggrieved party (plaintiff) seeks compensation (damages) from the wrongdoer (defendant).
• Unliquidated Damages: Damages in tort are usually compensatory and decided after careful judicial assessment rather than fixed by prior agreement.
• Exclusion of Contractual and Trust Issues: The law of torts governs wrongs not inherently related to breach of contracts or breaches of trust.

The Distinction Between Tort and Other Legal Wrongs

• Unlike criminal law where the state prosecutes to punish offenders for public wrongs, tort law is concerned with compensating individuals for private wrongs. 
• Tort duties are imposed by law and owed to the community at large, rather than being voluntarily assumed as in contracts.
• Tort remedies focus on restoring the injured party’s position through compensation instead of punishing the wrongdoing party.

Criticism and Contemporary Views

While Salmond’s definition provided clarity, it has been critiqued for its lack of explanation about the nature of “wrong” and the legal principles underpinning tort liability. Modern understanding also acknowledges exceptions such as vicarious liability and statutory torts which challenge the rigidity of the classical definition.

Practical Illustration

Consider the case where a municipality negligently leaves a road pit uncovered, causing injury to a passerby. Under tort law, this negligence constitutes a civil wrong, and the injured person may claim compensation for damages such as medical expenses or pain and suffering, even if there was no intent to cause harm.

Conclusion

Salmond’s definition of tort remains a foundational concept in understanding how the law deals with civil wrongs and remedies. It highlights the essence of tort law — providing redress for harm caused outside the scope of contracts or trusts through unliquidated damages. This legal framework ensures accountability and protection for individuals in a society governed by law.

Disclaimer: This article is intended for informational and academic purposes only. It does not constitute legal advice or create an attorney-client relationship. Readers are encouraged to consult a qualified legal professional for advice regarding specific legal issues or cases. The views expressed herein are those of the author and do not represent the official position of any organization or institution.
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