“it is common knowledge that the thought of man shall not be tried for devil himself knoweth not the thought of man”. Winfield also quotes what was stated by Bowen LJ in Edgington Vs. Fitzmaurice :
29 “the state of man’s mind is as much a fact as the state of his digestion”. There is no contradiction between the two statements. Brian CJ maintains that no one can be perfectly certain of what passes in another person’s mind. Bowen LJ on the other hand, informs us that in Law, what a man thinks must be deduced from what he says and does. In Tort therefore, intention of a wrong doer can be deduced from the outcome of his action or omissions.
30 Can We Define What A Tort Is? Most definitions of the Law of Tort have been descriptive and not all- encompassing definitions. Law of Tort is generally concerned with allocation or prevention of losses which are bound to occur in any society. In any society, there are as many human activities as there are human beings. Conflicts between human beings are order of the day. Action or activity of one man or group may threaten the well-being and welfare of other persons. All commentators, writers and legal scholars are in agreement on at least the following aspects of the Law of Tort: (i) Tort is a civil wrong as opposed to a criminal wrong; and (ii) Not every civil wrong is a tort. There are other civil wrongs also, important of which are a breach of Contract and breach of Trust.
