Essential of Tort ( injuria sine damno damnum sine injuria)

• Wrongful act
• Legal damage
• Legal Remedy
Wrongful act
Glasgow Corp v Taylor ( Poisonous tree levees, no fence, children, liable)
Legal damage (
injuria sine damno)
Bhim singh v State J&K ( assembly , liable)
Damnum sine injuria
Gloucester grammar school case ( same business,not liable)
Remedy for damage by way of compensation
Relevance of Evil Motive or Malice
Mayor of Bradford corp v Pickles ( well, injunction to restrain, water through land, not liable)
Exception
• Defamation
• Malicious prosecution, deceit, conspiracy injurious falsehood
General Defence of torts (VIA PMNSE)
• Volenti non fit injuria ( defence of consent)
o Hall v Brook lands Auto racing club ( not liable)
Knowledge does not necessarily assent ( scienti non fit injuria)
South Indan industry v Alamallu ammal (break cast iron drop, liable)
Limitation of this maxim ( Rescue)
Hynes v Harwood ( two horse, throw stone, ran to children , police suffer damage, liable)
• Inevitable accident
Brown v Kendal ( dog fight, stick, not liable)
Nitro glycerine case
• Act of God
Nichols v marsh land ( artificial lake, bridge washed away, not liable)
• Private Defence ( reasonable degree)
Bird v Holbrook ( spring gun, liable, without warning)
Herbert Richard v Munisami( pig, trap, cow, not liable)
• Mistake
Basley v Clarkson ( trespass land , imagin his. Liable)
• Necessity
Mouse’s case (throw goods out save ship and people)
• Statutory authority
Hammer smith rail co ( noise, smoke, land price gone down, not liable)
• Ex turpi causa no oritur action ( plaintiff wrongdoer)
Bird v Holbrook ( spring gun, without warning)
Doctrine of Vicarious liability
• Qui Facit per alium facit per se
• Respondeat superior
Follow two essentials to be present for master – servant
• Work done by servant not independent contractor
Morgan v Incorporated central council ( lift issue, contractor, building visit)
Vicarious liability of hospital
Cassidy v Ministry of health ( two finger, hand disable, liable)
Lending servant to another
Ananamalai timber v Thripunithura dewasam (mahouts , elephant death, liable)
• Tort committed in the source of employment
 o Authorize act done
Ricketts v Thos Tilling ( owner ominibus, conductor to drive, liable)
o Authorized act done in un authorized way
Mackeen v Rayno brother ( lorry to go to particular place, he took car, liable)
Deviation of Private Frolic
Twine v Beans express ( lift friend, not liable)
• Doctrine of common employment
Rule in Priestley V Fowler
Capacity of state to sue and sued in tort ( Rex non protest peccara) 294 and 300
State liable if servant doing non-sovereign functions
State of rajasthan v Vidyavahithi ( driver jeep, workshop bring back, liable)
Not liable if sovereign function
Sec of state v Cockraft ( pwd road, work , military road, not liable , sovereign function)
Liability of minor for Torts
Montreal Tramways v Leveilice ( liable, club feet baby)
Capacity to be sued – minor can be sued, no application of doli incapase
Liability of parent for children suit
1. Child act as an agent
2. Father negligence afford his child to do an act
Bebee v Sales ( air gun 15 years, father liable, wounded plaintiff)
Tortious liability of Insane person
Ramagulu v Mullackal Dewasom ( idol, shoe, broke idol, liable)
Liability of Teacher ( quasi parental authority)
Mansels v Griffin (punishment should be moderate, school regulations, master sound mind)
Joint Tort- Feasors
• Independent Tort Feasors ( two person drive car collide, kill another person)
• Joint Tort Feasors ( parthnership firm, master servant)
• Composite tort-feasors
KSRTC v Krishna ( driver bus collide, drivers both are liable)
Contribution between Joint Tort feasors
Marry weathers v Nixon case they cannot sue each other which was later abrogated.
Assault , Battery , Mayhem
Assault – Stephen v Myers ( parish meeting, fist,liable)
Battery
Use of Force – Innes v Wylie ( block enter club, police, mere use of force not liable)
Justified by law – Pratap Daji V BB & CI Railway ( no ticket, ticket checker, force )
False Imprisonment
1. Total restriction of freedom of movement
Bird v Jones (boat race, public foot path, defendant was only partial , not liable)
2. Detention should be un lawful
Bhim Singh V J& K ( assembly)
Remedies for false imprisonment
• Action for damage
• Self help
• Habeas corpus
Defamation 499
• Libel
• Slander
Youssoupoff v Metro Goldwyn Mayer Picture ltd ( is a libel)
Essential of Defamation
1. The word must be defamatory
Ramdhara v Phulwatibai ( keep, maternal uncle, constitute defamation)
Parvathi v mannar ( road fight, saying rude words, vulgar abuse, not liable)
Innuendo
Morrison V Ritihie ( birth twins, two month marriage)
2. Word Must refer to Plaintiff
Hulton v Jonees ( priest,gay parties, with a woman)
Defamation of a class
East wood V Holmes ( all lawyers thieves, not liable)[But if some corporation or
limited group then liable)
Defamation of dead person
3. Statement must be published
Aumuga mudaliar v Annamalai Mudaliar ( letter tort feasor, not liable, not publication)
Communication between husband and wife
MC Varghese v T J Ponnen ( if reached third party then liable, SC)
Defence of Defamation
• Justification of Truth
• Fair Comments
• Privilege
o Absolute
▪ Judiciary, legislature, state communication
o Qualified
▪ Reports on (Judiciary, legislature, public meetings)
Deceit or Fraud
R v Barnad ( cap , gown member of university , liable)
Sree Krishna V Kurukshethra university ( attendance, shortage, exam application, not liable)
Exception – Defendant – believe it ture
Derry v Peek ( horse power, tram, allowed steam power, not liable)
Negligence
Ramlila Maidan Incident
1. Defendant should have owed a duty of care
Donoghue v Stevenson( ginger beer body of a snail, liable)
2. Duty of care must be owed to plaintiff
Bourhill V Young ( fishwife, tram car, bike accident, nervous shock, still born still, not liable)
3. Defendant should have committed a breach of duty to take care
Glasgow corp v Taylor ( tree poisonous , leaves, liable)
4. Plaintiff should have suffered damage as a result of negligence
Res Ipsa Loquitor ( accident itself talk for negligence itself of defendant)
Byrne V Boadle ( Flour fell on head , liable)
Contributory Negligence
Butterfield V Forcester ( pole across road, horse , speedy , not liable)
Defence
Last opportunity Rule
Davis U Mann ( donkey forefeet tied, wagon driver killed donkey, liable)
Indian
MysoreRTC V Sibhakar ( suddenly turn bike to right, bus collide, both, 50%)
Contributory Negligence of Children
Motais Costa V Roque (6yr child knocked down cross road, liable)
Children custody of adult
Oliver V Brimingham Omnibus ( grand father, child ,injured, liable)
Occupier Liability of a Dangerous premise
• Lawful Visitor
Francis v cockerel ( Horse race, liable, grand stand)
• Trespass
Bird V Halbrook ( spring gun, reasonable , liable)

Rule of Strict Liability & Reyland & Fletcher

• Dangerous thing must have been bought to land
• Non Natural use of land
• Thing Must have escaped
• Should have cause damage to the plaintiff
Crowhurst v Amersham Burial Board ( Tree poison leaves, cattle eat , died, liable)
Ponting v Noakes ( horse intruded boundary eat poisonous leaves, not liable)
Exception to the rule
• Natural use of land
o Reyland v Fletcher
• Plaintiff wrongdoer
o Ponting v Noaks ( horse intruded to land and eat poisonous leaves)
• Act of God
o Nichols v Marsh land ( artificial lake, heavy rain damage bridges)
• Consent of plaintiff
o Carstair v Taylor ( second floor water tank)
• Act of third party
o Richard and Lothian
• Statutory Authority
o Green v Chelsea (water supply, burst mine, flooded plaintiff area)

Rule of Absolute Liability

• MC Metha V Union of India ( oleum gas, Tis Hazari Court)
Liability of Keeping Animals ( Scientier Rule)
• Animals ferae nature ( dangerous by nature)
• Animals mansuetae ( animals harmless by nature)
Hudson v Robers ( Bull, red kerchief, liable)
Buckel v Holmes ( Pigeon and cat, not liable)
Liability for cattle trespass
Ellis v Loftus ( defendants horse, kicked mare , through wire fence, liable)
Remoteness Of Damage
• Test of directness
• Test of reasonable foresight
Simth V London and Southwest railway ( heap trimming, grass, spark fire, burn cottage, liable)
Wagon Mound Case ( Directness was incorrect)
Over seas Tankship V Morts Dock and Eng ( Oil spill, wharf completely, from cotton spark)
Test of Reasonable Foresight
Bourhil v Young ( Tram car, fishwife, bike accident, saw blood on road, nervous shock, still
born baby, biker not liable)
Nervous Shock
Wilkinson v Downtown (husband broken leg, nervous shock, liable)
 Malicious prosecution
Plaintiff has to prove the following
• Prosecuted by defendant, Criminal case and convicted, false criminal charge
• Prosecution ended favour, or acquitted or withdrawn
• Prosecution should be malicious
• Prosecution without reasonable cause
Arbath v North eastern Railway Com ( B Doctor, A passenger, No sufficient evidence to
convict B, B Filed Malicious Prosecution, dismissed )
Nagendhra Nath v Basanth Das ( theft, suspect plaintiff, no evidence, file suit, it was not
maintainable because police proceedings is not prosecution)
Joseph Goerge v K John
1. Prosecuted by defendant
2. Prosecution ended in Plaintiff favour
3. Defendant acted without reasonable or probable cause
4. Defendant was acted by malice
Nuisance
Public (Crime) - Tort if special damage cause to individual
Private (Tort)
• Plaintiff is the occupier of the land
• Defendant act cause unreasonable interference with user enjoyment of land
• Interference has caused damage
Cristie v Davey ( Music teacher)
Champbell v Padington Corporation
(King Edward funeral procession)
Trespass to Land
Ellis v Loftus iron Co ( foot in another land or walk half a mile along)
Trespass Ab initio
Six carpenter case ( inn, wine an bread
Remedies if person possession has been disturbed by trespass
• Re-entry – force to ousting trespass
• Suit for ejectment
• Action for mesne profit
• Distress damage feasant ( chatte to detain until paid)

Boden v Roscoe ( detail pony, his filly was kicked)

Vaspor v Edward ( right to detain when in property, not take back after it return)
Trespass to Goods – wrongful interference with the possession of goods which are of plaintiff
Detinue – defendant detain good wrongfully which belong to plaintiff
Banshi V Goverdhan (took cycle not returned)
Conversion (Trover)
• Refuse to deliver
• Own use
• Use for third party
• Damaging , lose their identity
• Dealing which deprives plaintiff to use it
` Richard v Atinkson ( wine cask)
Malicious Falsehood (Title, slander)
Ratliff v Evans
Passing off ( same goods and same name, same getup)
White hundson v Asian corporation ( Singapore, Red cellophane wrapper, cough sweet)
Effect of Death of Parties in tort – Actio personalis moritur cum persona

How far the death is actionable in Tort

Baker v Bolton ( stage coach travel, injuries)

Foreign Tort
1. Theory of Lex fori
2. Theory of Lex Loci Delicti Commissi
3. The proper law of Tort
Philips v Eyre
Boys V Chaplin
Heart Balm Tort
• Breach of contract to marry
• Criminal conversation / seduction
• Alienation affection
Remedies available with Respect of Tort
Judicial
• Damage
• Injunction ( Temporary, Perpetual, Mandatory prohibition
• Specific restitution of property
Extra Judicial
• Self defence
• Recaption
• Expulsion and re-entry
• Distress damage Feasant / detain chattel
Discharge of Tort
• Death of Parties
• Accord and satisfaction
• Release
• Expiry of period
• Waiver
• By Judgement