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