« SebelumnyaLanjutkan »
PARENT AND CHILD.
Section 43 Definition, ..
44 Liability of Father for Torts and Crimes of Child.
DEFINITION AND HISTORY OF TORTS.
SECTION 1. DEFINITION OF TORT.
It is very difficult to give any definition of tort
“The term 'tort,' being indefinable because of its generality, it follows that such definitions of tort as commend themselves at first glance, will, upon examination turn out to be spurious. The following proposition, for instance, is a terse and accurate statement of a certain legal truth, and at first blush it may appear to be a logical definition. A tort, we may say, is that legal wrong, or breach of duty, which is capable of being redressed in a civil action for damages. But this proposition states no criterion for distinguishing between a breach of contract and a tort, and in fact merely amounts to this, that a tort is a legal wrong for which damages may be recovered. This statement is true enough, but it is no definition.”'1
One of the best definitions of this term which
· Street's Foundation of Legal
Liability, Vol. I, p. XXVII.