Low 0€ torts Assignment eae
Name: Mshank jeet Sing ‘ign I toate
Enrollment Ne: 040202871 fia baie ee wea tea
Pat: DOU 1a Codeshare
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GA Distinguish ioe Me jie ieee al
Damnusm sine \ajuria?
fa Damo Sie Iourhs Lihue Lay recs te Anji ed
damage in terms of the money, property and
ae or es damage that generally thot generallyconcept of terrible abseque injuries tat cannot be
the basis for action.
\njuria sine damaum denotes infringement of tee
Law without pre justice. A veLetion of Legal rights i€
@ persen is Weld Liable for prosecution, waster or
pot that person causes actual damage or Lass te
the pLainfe et =
\njuria refers to an infringement of the Legally
protected interest (ie, rigs). SWINE is an abbreviection
for “without” or “absent!” H+ means the some as.
ebseque! And the ten DAMMAM refics to actual
PrysicaL Lass, whether in tems of health, comfort,
MONEY, or service, oe BS
Landmark cases of Injuria Sine Damnwma
+ Bldim Single State of Tammu A Kasbomir asThe apex Court determined MLA Brim Sings
democratic ght A awarded him 2s 50000 in
compensatory Losses. In addition, the appropriate.
PrLice official was penalized or neglect of duty
and misconduct, i
O-2 DiPRrentiate between Gaasi contract Crime, Contract
and Torts, Es a
AMZ DiFRerence between tort and contract — e
+ Tort is an uncodifed Law whereas Contract Law
is a codified Law as Incdian contract Law, \€72,
‘Wn tort, there is a duty Rxed by, Low. \n_ contract
Lee, chucty is net Pred by Law but is muctaolly
— gitn by parties to each other
— ‘Wn tort, ducty is towards, every person Whicl is
alse known as "viget in rem”. Under contract Law,
ucty is only for the parties to thet specife
damage sie in contract Law remedy provided Grwarms not just the verti of tect crime _buct ettela
whole society Hence it is a pubLic
Tort is dealt under civil courtstind crime is dealt
under oriminal court
AS a result of tect, the remedy given is a
compensation which is. unliquidated amage. AS &
result of crime, a convict is provided with a
ieee gitun uncer IPC and alse fine as per
Fabel Aeekico seus email bee see ees poses
eae a We
Lonme is, aapinst the stote.
Tort is private Law and crime is pabLic Law
—_DiFRerence between tort and quasiccontract
Damages are not xed in the tort Law ie, alse _
i d doy 0
qpasiccontractual obLigation are xed and specified
Uae emmcotest SOSrete
In tort, duty is imposed
oadDiFRerence between contract and crime
10 contract, The injured party bas colby right fr
Liquidacte d damages. or actual damages caused fo
Wim lo orime, Hae injured party cannot sue for
Gamags as this is a crime aapinst society the
— weoused will be pact to imprisonment or impased
Roe or beth a
bPETNAS ob ject of contract Law is +o Protect +he
riglets of parties +o a contract, the Objective belrind
__eriminal Law is to Provide peace and harmony io
Society se i im
Mens rea for breach of contract is totally
irrelevant whereas Mens rea is Aq _wMpor-tant
a aenend in crime = a =
st eortract is deal+ under civil court and crime is
dealt under criminal court 2 ss
BF Explain Negligence as a Tort or as a Crime.
A? Neglignnce isa civil tort which scours when a
person breaches his Sucty of care which We ond _
te another due to whic that other person suters
some hard or underanes some Legal injury,ln Layman's tems, NegLigence can be explained as
the failure of discharge. or the omission +0 do
\n tort Law negligence can be:The pLaiotifE was taken iLL due to +he part
consumption of +he contaminated contents of the
bottle. i
Me was, held by athe court thot +he manueturer _
— who manufactures, the product fr +he end
i ensumee with the assumption Hast with the Lack —
of reasonable care in lis part the consumer willPublic Maisance?
jc Nuisance is a crime. Accor: ing to Section 2g
asian Penal Code, Public Nuisance is a
Criminal ofFence. H+ says that A person is guilty of
Public nuisance who does any act or is guilt
: Hn CAUSES Any common. in Aryare kpown as “General defences’ in the Law of tort,
The defences available are gen as Lows:
VeLenti nen St in juria or the. defense of ‘Consent’
Nnenttable accident
Ret oS cs arr cea Ks
(SS Privecte helen setae peaThe conclusions whic came out of this case are?
The master of the driver could not be made
Liable as it was a case of a sheer accident and
the _sctrangers had whantanly grt inte the velsicle.
The principle of velenti non St io juria was net
Gpplscabliata he ven eis che Sv see
babe Leola wd drigh NL Sumner, a PLaintiCe wo
ele eines act the boundary of +e arena
hor: Sot the plaintife
eae. or te whic he got Frightened and AUL into the
defendants were not Liable in this case since
they lad taken due care and precamtions