A tort is a civil wrong independent of contract for which the remedy is an 98 action for unliquidated damages. According to Professor Winfield tortious liability arises from a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages. A contract requires privity between the parties, i.e. only the parties to the contract may sue each other if there is a breach of contract. But no one such privty is needed to bring an action in tort due to the reason that the duty is one imposed by law and is owed to the community at large.
What is tort? Is privity necessary to support an action in tort?
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