Torts

DEFINITION BY SOLMOND :
Tort means a civil Wrong for which the remedy is a common
law action for
unliquidated damages, and which is not exclusively the breach
of a contract or the
breach of a trust or other merely equitable obligation.
------------------------Winfield :
Tortious Liability arises from the breach of a duty primarily
fixed by the law
: This duty is towards persons generally and its breach is
redressable by an
action for unliquidated damages.
----------------------Fraser :
It is an infringement of a right in rem of a private individual
giving a right

of compensation at the suit of the injured party

-----------Jus in rem [Latin: against the thing] 1. Describing a

right that should be respected by other people generally, such as
ownership of
the property, as distinct from a right in personam.

Qui facit per alium facit per se is a Latin ---legal term that

means, “He who acts through another does the act himself.” It is
a fundamental legal maxim of the law of agency. It is a maxim
often stated in discussing the liability of employer for the act of
employee in terms of -- vicarious liability
1) Intentional Tort: ABC FITT - Assault - Battery -
Conversion(interference to plaintiff’s possessory interest)  -
False Imprisonment - IIED- Intentional Infliction of
Emotional Distress  - Trespass of Chattel - Trespass of Land

--Ubi Jus Ibi Remedium Definition: Latin: For every

wrong, the law provides a remedy.
Ex turpi causa non oritur actio is a legal doctrine which
states that a plaintiff will be unable to pursue legal remedy
if it arises in connection with his own illegal act 

ASHBY vs white - Voter case - Injuria sine damnum

Damnum sine injuria - Gloucestershire grammer school v/s hill

Action vs Blundell - bonewell

Vicarious liability - driver...state transport paid compensation

Princile of vicarious :

1)he who takes work through another then law presumes that he
himself doing the work
2)always liability of superior authority
3)financial postition of superrior bettr so he has burden of
compensation

------Vicarious : (V...IARR)
1)intravires 2) abetment 3) ratification 4) relationship - COPrim
GuHa (Company
/director,owner/contractor,,,principle/agent,,,,master/servant//gu
ardian/ward,,,,,///husband/wife )

---vidyanath vs rajasthan - driver state govt. - jeep -IAS -

husband died- negligence

----Supria v/s Uoi - railway state gate keeper

---baby v/s sales -father,licenced gun,-his absense son
fired,injurity to other child

----hanry v/s sc corp. kolkotta -plaintif lost legs- before boardng-

gave wisle,bus stated

--------Absolute liability - No need to prove negligence --- In

VL,negligence to be proved
ABL - grounds -D3 E - dangerous building,dangerous
chatterl,dangerous animal,Escape of dangerous thing on
property-- dangerous chattel - eg Leakage in gas cylender -
company liable ---------------

Exceptions - IAS -Inevitable accident,act of god,statutory

authority,,,and Plaintif own fault---------

--RYland vs fletcher - resrvoir overflow - enters coal mine -

AL---

--Weighall vs westminister hospital -- weigh stones fell on

plaintiff------

---george vs skivngton - hair

----may vs bird -- monkey injured child
--stephen case - assault,--Gaourishankar v/s joseph - casher (P)
manager caused false imprisonment
--anasuya v/s lalchand--gold theft case on servant - tort of
malicious prosecution-- wilkison vs downtown - wife mental
shck-husbands serous ---

TORT - EXCEPTIONS or general defences - A JEeP IAS ViSA

- Volenti non fit injuria(free Consent,lawful,volunatry risk) and
plaintiff a wrong doer
--Buron vs denmor -slaves -act of state
--brockland vs auto race--seperate gallery but plaintf crossed
boundary,--Rex vs newport--teacher -quasi parental authority
---brown vs kendall -def. raised cane to seperate dog
-----------------------------------------------------------------------------
Environment

-----Section 291 - Naa Paa Ta - Section 291 of IPC relates to

continuous public nuisance after injunction has been
passed

--------268 (two arun nuisence) -- Section --268 of the IPC

defines public Nuisance

----------Sec 2(a) of Air (Prevention and Control of

Pollution) Act, 1981 amended in 1987, expanded the
definition of ‘air pollution’ to include ‘noise’

----------According to section -- 2(a) of Indian Env

(Protection) act 1986. Environment includes water, air,
land, and human beings, other living creatures, plants,
microorganisms & prosperity.

------The Police Act, 1861(Tuff JaTi MaaaR)- Sec 30 (4)

covers the problem of noise arising from music played on
streets

----------According to section -- 2(a) of Indian Env

(Protection) act 1986. Environment includes water, air,
land, and human beings, other living creatures, plants,
microorganisms & prosperity.

---TaTa Mao---Clause11 (3) is empowered to acquire

forests or lands for public purpose in the manner provided
by land acquisition Act.
--- prohibition of commerce in trophies is =-- Chapter 5A ,
section 49B (robo - trophy)

1)Environment is define as the sum total of all conditions and

influences that effect the development and life of all organs.

a) Dr T. N Khushhoo

2) The A.P Gunnies Merchants association and other V/s The

Govt of A.P & others is concerned with --Air pollution

3) Acid Rain means Rain due to Sulphur compounds in

atmosphere
caused mainly by the emission of sulphur dioxide and nitrogen
oxides from power stations and industrial installations
---Acid rain results when sulfur dioxide (SO2) and nitrogen
oxides (NOX) are emitted into the atmosphere and transported by
wind and air currents. The SO2 and NOX react with water,
oxygen and other chemicals to form sulfuric and nitric acids.
These then mix with water and other materials before falling to
the ground.

4)Biosphere comprises of
a) The earth
b) Water and Air
c) All the living things

5) The term “Pollution” is - LATIN word

6) Human being are composed of 5 elements of nature i.e. Earth,

Air, Sky, Fire, Water. Who said ? Rigveda

7) The Principle of Strict Liability was laid down in

a) Ryland V/s Fletcher

8) Remedies under law of TORT are

a)Judicial
b) Extra Judicial

c) Both a & b
9) Biomes are seasons of inter related plants & animals
determined by-- CLIMATE

10) Indian Council of Enviro Legal Action V/s UOI as followed.

a) Rule of absolute liability
b) Rule of Strict Liability
c) Both a & b
Legal Action cases project the judicial concern for the strict
enforcement of the CRZ Regulations -- and polluter pays strict
liability

11) Kind of liabilities under the law of TORTs are:

a) Strict Liability

b) Absolute Liability

12) Chloroflurocarbons which are also known as Halocarbons

destroy-- Ozone

13 )Falling of leaves in a season as opposed to evergreen leaves

etc. is an example of-- Biome

14) The case law Gobind Singh V/s Shanti Sarup related to

a) Construction of Chimney

15) Environment consist of the following components a) Abiotic

or Non Living component
b) Biotic or Living component
c) Energy component
d) All the above

6) Chapter-- XIV-- of the IPC contains provision related to

environmental matters.

17) The principle aim of forest policy is to ensure the following

a) Environment stability

b) Maintenance of Ecological balance

18) Injunctions are of different types

a) Temporary
b) Perpetual
c) Mandatory
d) Prohibitory

d) All the above

19) The objective of Prevention of Cruelty to Animals Act 1960

are

a) Declaring certain types of cruelty to animals to be offences &

penalties

20) Centre for Urban & Rural Environment (CURE) V/s

Ministry of Environment & Forest & others relates to pollution
of river bed of -- Ganga

1) The duty to protect and improve natural environment is

covered under Article- 51 (A)g
2) M.C Mehta and another V/s Shri Ram Foods and Fertilizer
industries and others is also known as--  Oleum Gas Leak Case
3) The word Nuisance is derived from French word NUIRE - to
Hurt or to Annoy

4) Chloroflurocarbons (CFC’s) are also known as wonder gas or

green house gas 

5) Section 291 of IPC relates to continuous public nuisance after

injunction has been passed.

6) Right of S.Court to issue writs is under article 32 while right

of high court to issue writs is under article -- 226

7) In M.C Mehta V/s UOI & motor Vehicles Act 1988, there
was requirement to convert buses into  --CNG (Compressed
natural gas) Mode

8) Pollution of environment is not only a--- heath issue but also

a TORT.

 9) Is good environment is a human rights (Yes / NO) ---YES.

 10) Section --268 of the IPC defines public Nuisance

11) According to section -- 2(a) of Indian Env (Protection) act

1986. Environment includes water, air, land, and human beings,
other living creatures, plants, microorganisms & prosperity.

12) Bangalore Medical Trust vs B.S. Muddappa And Ors on 19

July, 1991 -- deals with construction of hospital reserved park.
13) The -- Clause11 (3) is empowered to acquire forests or lands
for public purpose in the manner provided by land acquisition
Act.

14) The need for making --- conservation is one of the main
objectives of management of zoos and which led to making
important recommendations

15) Earth is also called as Blue Planet because 80% of its

surface is covered by -- Water/Ocean

16) The section of wild life (protection) act 1972 which deals
with prohibition of commerce in trophies is =-- Chapter 5A ,
section 49B Prohibition of Trade or Commerce in Trophies,
Animal Articles, Etc. Derived from Certain Animals

 17) The case law Rural Litigation & Entitlement Kendra V/s
State of UP relates to --Water Pollution.

18) Environmental Education Program is formal and

---Nonformal type.

19) The Maxim Volenti non fit injuria is a kind of

---contributory negligence.

 20) It is the --- state government which shall publish a

notification in the official gazette to follow procedure for
declaration as reserved forests.

1. Trespass
Trespass is a wrongful act affecting a person or a
property.Remedy is an award of pecuniary damages in
compensation for the

harm done

 It is divided into three types:- trespass to person like assault,

battery & false imprisonment- trespass to land and trespass to
goods

2) Private Nuisance

Private nuisance is an unreasonable interference with

person’s right over wholesomeness Of land due to
emission of dust, offensive smell, fumes or noise,air or
water and Effluents
-Private Nuisance also called Torts of Nuisance

Essentials of Private Nuisance

1.Unreasonable interference 2. Interference with the use

or enjoyment of land 3. Damage

In Datta Mal Chiranji Lal v. Lodh Prasad, AIR 1960 - the

court held that the running of the mill amounted to a
private nuisance which should not be permitted

3Q) Trial Smelter Case

A Canadian company built a lead & zinc smelting plant at
Trail, British Columbia, 10 miles north of the state of
Washington border. The United States (P) sought damages
from Canada by taking it to court for the  air pollution caused.

The Trail Smelter arbitration is an example of one State

being liable to another for damage caused.

-It has resulted in two major principles:

(1)the state has a duty to prevent trans-boundary harm,
which is commonly expressed in the Latin maxim sic utere
tuo ut alilenum non laedas and
(2)the “polluter pays” principle, which holds that the
polluting state should pay compensation for the trans-
boundary harm it has caused. 

4Q) Noise pollution Rule & State Govt

--
No direct legislation
---Under EP Act, 1986, Noise Pollution (Regulation and
Control) Rules, 2000 have been framed.
--However various laws have provisions related to Noise
such as :
----
Noise Pollution control under IPC ---
Noise is p ublic nuisance under sec 268, punishable under
sec. 290
------------
The Police Act, 1861- Sec 30 (4) covers the problem of
noise arising from music played on streets

5)Sources of Water Pollution

Following are the two major sources of water

pollution:Point Source: They are the source of pollution
from single Identified location.e.g. Discharge from
domestic, commercial, and small industrial water into
sewer.Waste water generated from industries e.g. dye,
textile

Non-Point Source (Diffused Source):Those sources whose

location cannot be easily Identified are called diffused
sources.The pollutants are scattered on the ground
ultimately reach the water source and cause water
pollution.Air Pollution gets dissolved in rain water and
contaminate the ground water as well as surface water
source -------------

The sources of water pollution can be classified as

Municipal Waste Water,,Industrial Waste,,Inorganic
Pollutants,,Organic Pollutants,,Agricultural Wastes,,Marine
Pollution,,Thermal pollution

Ratlam Municipal Council vsVardhichand[AIR 1980 SC

1622] • 
This case concerns the Ratlam municipality's obligations to its
people under Section 123 M. P. Municipalities Act of
1961----------
The Supreme Court had introduced the concept of PIL for
the first time and had stated that a responsible Municipal
Council constituted for the precise purpose of preserving
public health, cannot run away from its principal duty by
pleading financial inability.

7. S.Jagannath V/s UOI

In this case the petitioner (a non-profit organisation)
sought the enforcement of the Costal Regulatory Zone
Notification, 1991 before the Supreme Court of India. The
petitioner argued that intensive and semi-intensive shrimp
farming in the ecologically fragile coastal areas must be
prohibited.
1. ---The Court held in favour of the petitioner that
shrimp farms do not need waterfront facilities. Further,
the Court observed that the purpose of the CRZ
Notification is to protect the fragile coastal areas, and
those activities that cause environmental degradation
cannot be permitted.
8Q) Reasons for declaring certain wild animals as vermin

In some areas, Poisonous & harmful animals that are over

populated in an area were declared vermin 

In India, wild animals can be declared as vermin if they

have become (i) dangerous to human life or property
(including standing crops on any land). 

9What is Ozone layer and reason for the depletion of

ozone layer

The ozone layer is an area in the stratosphere where

ozone is highly concentrated. It absorbs most of the UV
rays from the sun. Ozone – molecule made of 3 oxygen
atoms.

Ozone depletion: -- the gradual thinning of the ozone layer

Reasons Ozone Layer Depletion • The main cause of

ozone layer depletion was the emission of CFCs
(Chloroflurocarbons) containing chlorine. • CFCs escape
into the atmosphere from refrigeration and propellant
devices and other chemical processes • CFCs eventually
end up in the stratosphere, where UV light breaks the
bond holding chlorine atoms (Cl) to the CFC molecule. • A
free chlorine atom goes on to participate in a series of
chemical reactions that both destroy ozone and return the
free chlorine atom to the atmosphere to cause more
damage.

10Q)National forest policy 1988 • Salient features:

--Maintenance of environmental stability through
preservation and restoration of the ecological balance.--
Conservation of natural heritage of country by preserving
remaining forests. --Checking soil erosion and extension
of sand dunes. --Increasing forest cover by afforestation.
--Meeting basic requirements of people (fuel,timber,food)
-- Efficient utilization of forest produce. -- For conservation
of biological diversity, a network of national parks,
sanctuaries, biosphere reserves and other protected areas
should be extended and properly managed.

MSC SAI BCDEFP