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16 LAW OF TORTS NATURE AND DEFINITION . < > < sey? . The word ‘tort’ is derived from the latin word ‘tortum’. It means ‘to twist. Thus, it can be called a twisted or crooked conduct. Generally, it consists of certain act done without just cause or excuse, Few important definitions of ‘tort’ are summarized hereunder:- 1. Section 2(m) of Limitation Act, 1963: ‘Tort’ means a civil wrong which is not exclusively a breach of contract or breach of trust’. 2. Salmond: ‘It is 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 breach of trust or other merely equitable obligation” 3. Winfield: ‘Tortious liability arises from the breach of duty primarily fixed by law. This duty is towards persons generally and its breach is redressible by an action for unliquidated damages, 4. Fraser: ‘It is an infringement of a right in rem of a private individual giving a right of compensa- tion at the suit of the injured party’ There is no precise or scientific definition of tort. From the above definitions we may come across following propositions:- 1. Tort is a civil wrong; 2. Every civil wrong is not a tort. There are other civil wrongs, such a breach of contract, breach of equitable obligation breach of trust etc, which do not fall under the category of tort. Tort is a civil wrong and such civil wrong arises when a person breaches a legal duty owed towards another. Supreme Court in Jayalakshmi Salt Works Put. Ltd. v. State of Gujarat, (1994) 4 SCC 1, held that ‘tort’ means ‘breach of duty leading to damage’. The basic ingredients of tort are injury and damage. Legal duty: It is legally recognized and imposed by law, It arises when a person is required to act ina particular manner. It is created either by the statute or by the decisions of the courts. According to Salmond every right involves a legal duty and duty is legal not because it is legally enforced but} ae ized. Therefore, following can be said to be essentials of definition of tort:- Tort is a civil wrong The wrong is redressible by Such civil wrong is an action for unliquidated neither a breach of contract, damages breach of trust nor breach of equitable obligation — 
