Introduction:

The word Tort is derived from a Latin word 'Tortus' which means 'twisted' or 'cooked act'. In
English it means, 'wrong'. The Expression 'Tort' is of French Origin.
The term 'Tort' means a wrongful act committed by a person, causing injury or damage to
another, thereby the injured institutes an action in Civil Court for a remedy, unliquidated
damages or injunction or restitution of property or other available relief. Unliquidated damages
mean the amount of damages to be fixed or determined by the Court.

Origin:
The 'Law of Torts' owes its origin to the Common Law of England. It is well developed in the UK,
USA and other advanced Countries. In India, Law of Torts is non codified, like other branches of
law e.g.: Indian Contract Act, 1872 and Indian Penal Code, 1860. It is still in the process of
development.
A tort can take place either by commission of an act or by omission of an act.

Definition:
According to Prof. Winfield, Tortuous Liability arises from breach of a duty primarily fixed by
law; this duty is towards persons generally and its breach is redressable by an action for
unliquidated damages.
Sir John Salmond defined Tort as a civil wrong for which the remedy is common law action for
unliquidated damages and which is not exclusively the breach of contract or the breach of trust
or other merely equitable obligation.

Discharge of Liability:
Discharged of tort is differs from justification. Justifications are exceptions, under
circumstances the wrong is justified in doing it.
Even if tort is committed and liability exists, under certain circumstances this vested right of
action may be discharged. In these cases the wrong is not justified but the remedy for the
wrong cases to operate. Discharge of torts differs from justification of tort. Justifications are
exceptions, under certain circumstances the wrong is justified in doing it. Rule of non liability is
provided. It is excused, justified.

Definition -

In discharge of tort, the circumstances are such the liability exists but remedy does not
exist. The meaning of discharge of tort is coming to an end of the tort. It is a process by which
tort cease to exist and wrong doer is not liable for the wrong committed by him.
Research Question:
Q1. What is tort, meaning and definition?
Q2. What do you mean by discharge of liability under law of torts?
Q3. What are the different means by which someone can discharge his liabilities regarding torts
committed by him?

Chapterization:
1. Introduction
2. Torts, meaning and definition
3. Discharge of liability under law of torts
4. Case laws
5. Conclusion

Bibliography:

The researcher refers to the following sites

www.indiankanoon.com

https://lawschoolnotes.wordpress.com/2016/10/31/discharge-of-tort/