JUSTIFICATIONS UNDER LAW OF TORTS

DR. AMOL DEO CHAVHAN

B.A., LL.B., LL.M., NET., PH.D.(LAW)., PGDHR
Associate Professor of Law
National Law University & Judicial Academy, Assam
adc@nluassam.ac.in 9420706040
 Justification under law of Torts
Private defence

Person Property

Reasonable
Not exceeding the limits

Rammanuja mudali Vs. M. Gangan, AIR 1984 Mad. 103

Live electric wire on his land- Plaintiff cross- Injured
Liability?
 Justification under law of Torts
Statutory
Authority

Judicial and
Act causing Quasi Judicial
slight harm Act

Mistake Act of State

Parental and
quasi Parental
Authority
 Justification under law of Torts
Sovereign Immunity
Based on King Can doe no wrong
State of Rajasthan vs Vidyawati, AIR, 1962, SC, 933
Court rejected the plea of immunity and grant compensation
Kasturilal Ralia Ram Jain vs The State of Uttar Pradesh, 1965 AIR
1039
State is not liable for damages
Ruddal Shah Vs State of Bihar, (1983) 4 SCC 141
14 years illegal detention in jail court awarded compensation and release
Maneka Gandhi Vs Union of India AIR 1978 SC 597 and many more
 Extinguishment of liability under Tort

1. Actio Personalis Moritur Cum Persona (Actions dies with person death)
Damage

Person Property

Not apply to contract

Estate benefits
Rent Control
Industrial disputes
Apply only in personal injury
 Extinguishment of liability under Tort

1. Actio Personalis Moritur Cum Persona (Actions dies with person death)
M.Veerappa vs Evelyn Sequeria- AIR, 1988 SC 506 Damage can be
recoverable in case of defamation and assault
Rose vs Ford- 1973 AC 826 Loss of dependency and exception of life
damages can be recovered
Official Liquidator of Supreme Bank ltd. Vs P.A. Tendolkar (1973) 1
SCC602
This principle is neither based on justice nor common sense, it is invented by
English Common Lawyers
 Extinguishment of liability under Tort
1. Actio Personalis Moritur Cum Persona (Actions dies with person death

Exceptions

Common Statutory
Law

Unjust Damages Cause of Survival of

encroachme recoverable action arise cause of
Contract
nt on (funereal before death action
property etc.)
 Extinguishment of liability under Tort

Accord and Statutory

Waiver Release Judgement
satisfaction Limitation
 Standing under law of Torts

Standing

Sued
Sue (Plaintiff)
(Defendant)
Any Person
Minor
Wife/husband
Crown or government
Lunatics
Foreign Sovereign
Child in mother womb
Ambassadors
Foreign state
Public officers
Insolvent
Convicts
Alien enemy
Dunked person
 Liability under law of Torts
Vicarious liability

Lability for wrongs, act and omission based on

Ratified or
authorised the Liability by
particular act abetment

Liability by
relations
 Liability under law of Torts
Vicarious liability
Ratification
Qui facit per alium facit per se

He who does an act through another does it himself

Ratification must be

• With full knowledge

• Were done on his behalf

• Illegal and void is incapable for ratification

 Liability under law of Torts
Vicarious liability
By Relation

Guardian
Firm and and
its ward
Compan
y and its partners
Principal
and directors
Owner
and Agent
Master
and indepen
Servant dent
contract
or
 Liability under law of Torts
Master and servant
Vicarious liability
Master and servant
relationship must be
lawfully existed
The torts/wrong
must be Master shall
committed recognised the
during the course person as servant
of service

Servant shall act

Master is not
as per the
liable for servant
order/command
personal torts
of master

Only authorised
act by master is
considered
 Liability under law of Torts
Master and servant
Vicarious liability

Lord Chelmsford: “It has long been established by law that a master is

liable to third persons for any injury or damage done through the

negligence or unskillfulness of a servant acting in his master’s employ.

The reason of this is, that every act which is done by servant in the

course of his duty is regarded as done by his master’s order, and,

consequently it is the same as if it were master’s own act”.

 Liability under law of Torts
Master and servant
Vicarious liability

Test of Control over the servant

Not universally applicable

Manner of control over the servant

Close connection test

Negligence by master
 Liability under law of Torts
Master and servant
Vicarious liability

Salmond “Any person employed by another to do work for him

on terms that respect of the manner in which his work is to be

done”
 Liability under law of Torts
Master and servant
Vicarious liability

Salmond said that, "a master . . . is liable even for acts which he

has not authorised, provided they are so connected with acts

which he has authorised, that they may rightly be regarded as

modes - although improper modes - of doing them"

 Liability under law of Torts
Master and servant
Vicarious liability
Case laws
Lister v Hesley Hall Ltd [2002] 1 AC 215, act of warden master liable
Lloyd v. Grace Smith & Co. (1912) A.C. 716, a widow who owned
1000 pounds as dues on a mortgage and a cottage, The manager told
her to sell her cottage and to call up the amount of mortgage, the
manager to sell the property and to collect her money but he
absconded with the money
Pushpabai Parshottam Udeshi & Other VS M/S Ranjit Ginning &
Pressing co. pvt. Ltd. And other AIR, 1977 SC1735, act committed
by driver during the course of employment the master liable
 Liability under law of Torts
Master and servant
Vicarious liability

Master Master
Master Payment
control right to
Contract power to by
over the suspend
of service select his master to
act of or
servant servant
servant dismiss
 Liability under law of Torts
Master and servant
Vicarious liability

When

Where
Exception
Some act should not
be in control of
How master (E.g.caption of
Ship)
 Liability under law of Torts
Master and servant
Vicarious liability
How to decide

Method of Who pay Mersey Docks &

performing to servant Harbour Board vs
Coggins and
Authority Griffith
Who can (Liverpool) ltd.
over the
dismiss 1947 Ac-1
servant
Thanks for patients listening