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LEGAL KNOWLEDGE
BASIC TERMS

1) Plaintiff- the person who sue/ who files the case ( Civil Case)
2) Defendant – the person who is sued/ against whom the case is filed ( Civil Case)
3) Cause title – Name of case
4) Facts – Case story, what happens in case/ what happening gave rise to this case.
5) Issue – the question involved in the case.

LAW OF TORTS: By knowing this case laws you would cover important tort law topics !

SL.NO CASE NAME/CAUSE TITLE CASE STORY/CASE FACTS WHAT COURT SAID/ HELD/FINDING PRINCIPLE
Injuria sine damnum
1. Ashby vs. White Plaintiff qualified voter was prevented By preventing qualified voter from voting
from voting by defendant. he do not incur any visible loss but his 1) Injuria - injury to legal right
legal right is violated, thus he must be 2) sine -without
compensated by the defendant. 3) damno - damages, monetary loss.

Principle- injury to legal right without

any monetary loss is actionable
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2. Bhim Singh vs. State of Jammu Plaintiff MLA was wrongfully Legal right of MLA to attend session Above principle applied.
and Kashmir prevented by police from attending violated- thus damages given (more
assembly session. money – exemplary damages given.
3.
Ryland vs Fletcher Defendant stored huge amount of Even if the defendant did no fault he is No fault liability/ Strict liability
water in artificial reservoir, the water liable to pay damages to plaintiff Concept: When someone stored any
escaped from reservoir and damaged unnatural thing and when damage is
plaintiff property. It happened caused because of it. Then the person
without the fault of defendant. kept it is liable even if he did no wrong.

But not liable under following

circumstances:

Exception:
1) Vis major – Act of god ( natural
calamity- flood, storm etc)
2) Act of 3rd party – accident caused by
others.
3) Plaintiff’s own wrong – loss caused to
plaintiff by his own act
4) Statutory authority- loss caused by
state authority.
5) Consent of Plaintiff – Plaintiff
directly/indirectly accepted such loss.
5.
M.C Metha vs. Union of Large number of people died due Industry owner liable to pay Principle of Strict liability – Same
India ( Bhopal gas tragedy to escape of Oleum gas from compensation to people as absolute liability without
case) industry exceptions.

6. Lloyd vs Grace, Smith Co Clerk of solicitor firm Yes! Firm liable for act of its Vicarious Liability
misappropriated funds of the agent/clerk.
client. Now whether firm liable Respondeat superior- Let the
for act of its clerk? master answer.

Concept- The principal / superior

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authority liable for any act done by

his servant / agent in course of
official duty.

7. Kasturilal vs State of UP Constable fled away with gold in No! When tort is committed by Exception to Vicarious Liability.
police custody. Whether state agents of state while performing
liable for it ? sovereign functions of state, then
state not liable.
Sovereign function – inalienable
functions of state
GENERAL DEFENCES

8. Holmes vs Mather Plaintiff injured by the violent Defendant not liable because it was Inevitable accident–If damage
behaviour of defendant’s horse – an accident. occurs even if due care is taken,
even defendant was not able to then it is an unavoidable accident
control it. and defendant cannot be held liable.

9. Cope Vs. Sharp Defendant trespassed into the Defendant not liable because it was Doctrine of necessity – If a tort is
land of plaintiff to stop fire. necessity to stop fire which made committed for legit demand of
him enter the premises. situation then it is not actionable.
Trespass – unauthorised entry
into others land

10. Bird Vs Halbrook When Plaintiff trespassed into Defendant liable – even if plaintiff is Plaintiff as wrong doer- Usually
defendant’s land he was hit by wrong doer, the retaliation by when tort is committed because of
spring gun kept in defendant’s defendant outweigh his wrong. wrong act of plaintiff defendant will
land. No notice of spring gun was not be held liable. But in this case
kept. Whether defendant liable ? the proportion of harm caused is
high thus it is an exception.

11. Butter- Field Vs Forrester Plaintiff negligently drove into a No! The plaintiff could have Contributor negligence – When
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pole setup by defendant. Whether avoided the accident if he was not damage occurs to the plaintiff due to
defendant liable ? negligent. his negligence along with the
negligence of defendant- defendant
not liable.

12. Woolridge vs Sumner Plaintiff was taking photography Defendant not liable- Plaintiff took Volunti non fit injuria -to a willing
in horse race. Got injured in the his own risk to enter the premises to person, injury is not done
race course. Whether defendant take such photography
liable for not keeping safety Concept : If a person voluntarily
guards? accept to injury he cannot complain
of that later. Eg: sports, wrestling.
NEGLIGENCE

13. Donoghue Vs Stevensen Half decomposed snail was found Yes ! Beer company liable for its If any tort is committed to another
in beer of plaintiff. Whether beer negligence. person by one’s negligence the he is
company liable? liable.

DEFAMATION

14. D.P Chaudhary Vs Wrong information published Defendant liable for damaging Defamation- any one publishing
Manjulata about plaintiff: information- reputation of plaintiff. false news about a person and
plaintiff ran away with someone. damages his reputation is guilty of
tort of defamation