“Tort is a civil wrong for which the remedy is a 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.”
To establish an act amounting to tort, there must be a wrongful act or an omission. There must exist some breach of duty to constitute such an unlawful act or omission. It means that there was a duty to do or not to do a specific action, or to act in a particular manner which a reasonable man of ordinary prudence is expected to act under certain circumstances.
Further, to constitute a tort, there must be a breach of legal duty, and there should have been a breach of s legal right vested with the plaintiff, i.e. a specific act or omission must have resulted in the breach of a legal obligation. The action can only be instituted against the other party if there exist a breach of a legal right. For the injury so sustained by the plaintiff, damages could be claimed by him.
Damnum Sine Injuria refers to injury which sans any violation of a legal right vested in a person. When a plaintiff suffers an injury, but there was no violation of a legal right, the plaintiff cannot bring an action against the other for the same.
Injuria Sine Damno means that an injury or loss or damage is caused to the plaintiff without suffering any physical injury or damage. In such a case, the plaintiff only has to prove that there is some legal damage sustained by him, and is not required to prove the damages so suffered; that is the action so brought is actionable per se.
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