meaning of "Tort" as a distinct form of liability from for instance, Criminal Law and Law of Contract. Discussions on Foundations of Tortious Liability in Topic One will enable the students to appreciate and understand the raging debates on basis of Tort liability. That is the Law of Tort a collection of distinct forms of liabilities [eg Assault, Battery, Negligence, Libel, Slander, Nuisance, etc] or is it a general body of civil liability.
19 1. Meaning and Purpose of the Law of Tort It is interesting to note that despite the fact that the law of torts has an enormous impact on people's everyday lives, very few probably have heard of the word "tort". The word does not form part of ordinary everyday language and is rarely used outside its legal context. It derives from Latin tortus , which means crooked, and the French tort , which means wrong. Mr. Justice La Forest in ANGUS V. HART (1988) 52 D.L.R. (4th 193 at 199 (S.C.C.) explained: A "tort" is a legal construct and is not to be confused with a "wrong" in the general sense. It only exists where the law says it exists, i.e., where the law provides a remedy. The foregoing observation should always be borne in mind. A "TORT" is what the law says it is. Interaction between individuals inevitably produce conflicts. Interactions may lead to loss or injury sustained by individuals. The injury or loss may take the form of a personal injury, damage to proprietary interests, to one's dignity, to business interests, to the environment, to one's reputation, or