The Law of Torts

Abstract

The word ‘tort’ is Norman French. It means ‘twisted’ or ‘wrung’ or, to use a modern word — ‘wrong’. A tort is a wrong for which redress is available in the civil courts. The usual action is an action for damages, i.e. money compensation, but, where damages are not appropriate, the equitable remedy of injunction may be available. For example, to walk unlawfully on another’s land is trespass — a tort. If the trespasser repeatedly trespasses, doing no damage to the land, there would be little point in claiming money compensation. The appropriate remedy in such a case would be an injunction, i.e., the trespasser would be ordered not to trespass on the plaintiff’s land.