Ubi jus ibi remedium –legal maxim meaning, "where
there is a right, there is a remedy", is the basis of the
principle of personal injury liability or so famously called
tortious liability. One among the many accepted and acclaimed
definitions of "tort", as postulated by Sir John William
Salmond, a very proven common law jurist is as follows: "A
tort is a civil wrong which attracts the remedy as a common law
action for unliquidated damages and which does not exclusively
constitute the breach of a contract or a trust or other merely
equitable obligation".
Liability under tort can erupt from the breach of a duty that is
primarily fixed by law, and such a breach of this duty is remedied
through an action for unliquidated damages. The law of tort focuses
on dissuading and stopping persons from infringing the rights of
others and also compensates those whose rights are infringed and
have suffered a civil wrong as a consequence of the wrong-doers
acts or omissions.
