analyse closely the four ingredients constituting the definition of Tortious Liability as furnished by Professor Winfield. Fleming has suggested that the word TORT derives from Latin tortus , meaning twisted or crooked, and early found its way into English Language as a general synonym for “wrong”. Later, the word disappeared from common usage, but retained its hold on the law and ultimately acquired its current technical meaning. Fleming has on his part furnished his own definition of Law of Tort as: (a) In general terms, a civil wrong, other than a breach of contract, (b) which the law will redress by an award of damages. You will observe that both sets of definitions will not help you in identifying such
32 individual tortious liabilities as Trespass, Negligence, Defamation and even Nuisance. The definitions are important only in so far as they help you distinguish Tortious Liability from such other forms of liability like Contractual Liability, Criminal Liability and Breach of Trust. Analysis of Winfield’s Definition of Tortious Liability We have observed that Winfield defined Tortious Liability as arising from: (a) breach of a duty primarily fixed by the law; (b) this duty is towards persons generally; and (c) its breach is redressible by an action for unliquidated damages. Let us take some time to look closely at the definition furnished by Professor Winfield: (a) Breach of a duty primarily fixed by the law
