LAW OF TORT

Tort – Wrong

 Intentional or Accidental - Civil Wrong

 Cause injury/harm to another person - Person may ask for compensation for damages
 Tort - Unliquidated Damages i.e. damages not decided initially
 Compensation - money or some other liability

eg. Physical Injury, Mental Injury, Defamation, Nuisance, Property Damage, Trespass,
Negligence, etc.

 Tort – Injury or Harm caused to a person in which compensation was not initially decided
because it was not already expected like in a contract where compensation is initially
decided

Tort and Crime – Assault, Defamation, Negligence, Conspiracy, Nuisance, Mischief,

Theft

Tort and Breach of Contract – Any one party of the two parties breaks the contract and
compensation is given to other party on basis of situation

 Right in Rem - Right/Duties of person towards the world instead of a specific individual

 Right in Personam - Right/Duties of person towards the specific individual instead of

the world (opposite of - Right in Rem)

 Law of Torts – Deals with Legal Injuries

i.e. violation of legal right

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 Sources of Tort Law

 Based on Common Law System i.e. Precedent (past judicial decisions)

Inuria Sine Damno - Person has suffered legal injury without actual damage

i.e. Violation of legal right

Note: Person has suffered loss (must)

Asbhy vs. White (case) - Officer refused to take vote of a person but that candidate won
so there was no actual loss by refusal of vote but person suffered legal injury
i.e. It’s a Tort

Damnum Sine Injuria - If no violation of legal right then person is not actionable

i.e. Person has suffered damage but without any legal injury therefore no tort

Note: Violation of legal right must take place in Tort

Negligence - Person fails to take care

Defamation - There is no physical damage

Defense in Torts

1. Volenti Non Fit Injuria – Harm is done voluntarily on the plaintiff which he/she has
agreed upon (no tort)

eg. Footballer gets injured by another footballer in match

(no tort – because both agreed voluntarily before the match)

Note: Rescue Operations – exception to Volenti Non Fit Injuria

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2. Plaintiff the Wrong Doer – Plaintiff trespasses a property and gets injured due to a dog

 Plaintiff gets compensation – if no board of ‘Beware of Dogs’ was put outside

 Plaintiff gets no compensation – if board of ‘Beware of Dogs’ was put outside

i.e. mistake of plaintiff (no tort)

3. Inevitable Accident – Accident which can’t be prevented (no tort)

4. Act of God – Natural forces of extreme nature without human intervention (no tort)

5. Private Defense – Self Defense (no tort)

6. Doctors have to perform dangerous operation to save life even though there are chances
that operation might not be successful (no tort)

7. Honest Mistake – (no tort)

8. Action by Statutory Authority – (no tort)

Kinds of Torts

1. Intentional

 Trespass on Person

o Battery – Defendant touches Plaintiff to cause harm

o Assault – Defendant try to bring Plaintiff in fear with intention of causing harm
o False Imprisonment – Defendant locks the Plaintiff in a room intentionally
i.e. Plaintiff is locked (imprisoned) in an area unlawfully

 Trespass on Property

o Trespass to land unlawfully i.e. cross or damage the property

o Trespass to chattels (movable property) unlawfully
i.e. damage or misuse movable property and decrease its value

eg. Defendant damages Plaintiff’s car

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 Other

o Nuisance – interference with property/person

o Defamation – injury to reputation

(third person i.e. other than defamed person must know about it)

o Libel – Injury to reputation in form of writing or picture

i.e. Libel – addressed to eye

o Slander – Injury to reputation in form of spoken words or gestures

i.e. Slander – addressed to ear

 Absolute Privileges – Parliamentary proceedings and Judicial proceedings

(no defamation – no tort)

 Qualified Privileges – Statement made in Judicial orders

(no defamation – no tort)

2. Negligence i.e failure to take care that resulted in loss

 Duty of care not performed by Defendant

 Breach of duty of care done by Defendant
 Harmed caused to Plaintiff

 General Rule – Proof of Negligence

i.e. lie heavily on Plaintiff that Defendant was negligent

 Special Cases – Burden of proof lie on Defendant to prove his innocence

i.e. Res Ipsa Loquitor – thing speaks for itself

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3. No Fault Liability

 Vicarious Liability – Liability of one person for the act done by another

 Qui Facit Per Alium Facit Per Se – Principal is liable for the wrong act of his Agent
i.e. Respondent Superior – Master is liable for the act of his Servant

 Strict Liability – Carelessness performed by an object or animal of the Defendant

eg. Dog bites a person – Master of the dog is liable

Case – Rylands vs. Fletcher (by – Justice Blackburn)

Decision – Person who has anything that causes mischief then on prima-facie owner of
that thing which caused damage is liable

 Absolute Liability – Enterprise (factory) causes health problems

eg. Toxic gases released by an enterprise/factory affect people and cause health problems
then enterprise is liable for compensation to affected people

 Case – Rylands vs. Fertilizer

Decision – Deep Pocket Theory
i.e. larger the enterprise then greater the compensation amount accordingly

Tort

─ Not a breach of contract

─ Not a breach of trust

Note: many torts have been codified

eg. Consumer Protection Act; Minimum Wages Act; Motor Vehicle Accident Act

Elements of Tort

Act/Commission must result in Legal Injury i.e. violation of legal right

Note: legal injury does not constitute actual damage but only legal damage

─ Injuria Sine Damno i.e. legal injury without actual damage

─ Damnum Sine Injuria i.e. damages without legal injury

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 Defamation - Damaging the reputation of a person in eyes of others

 Libel - Permanent (written)

 Slander - Temporary (spoken)

Essentials for Defamation:

 Statement must be defamatory

 Statement must refer to plaintiff
 Statement must be published

Negligence - Breach of duty to take care

Requirements for Negligence:

 There should be a duty to take care

 Breach of duty
 Result in actual damage/harm

Res Ipsa Loquitur - Thing speaks for itself

Note: Burden of proof is on defendant

No Fault Liability:

 Vicarious Liability (more defenses)

Master and Servant
Principal and Agent
Partners and Contract

 Strict Liability (less defenses)

 Absolute Liability (no defense)

Note: Absolute Liability - not against individual but only against enterprise

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