Torts

1) Absolute liability (there is escape and there is damage) and strict liability

In absolute liability there is no exception

2) NO FAULT LIABILITY (proof of fault is not required) (no act or omission by

doer)

Plaintiff does not have to explain fault per se, other than fault has happened in
no fault liability

Act or omission has to be proofed in fault liability

Control or authority over the action

Delegation of work will lead to liability of the owner

Authority and control over labor can be implied

“Duty imposed by law that is implied in case of no fault liability”

Bcs the authority to act is delegated or transferred to someone else

Types of no fault liability

1) Vicarious liability
2) Strict or absolute

Vicarious

1) No physical presence required

2) Authority given
3) Work delegated
4) Control over servant
5) Duty is implied

Occupier liability- liability of the occupier who is in the possession of the thing

() an agency to determine the liability

Deep pockets theory- the person who is in charge, injury happened due to his
work in the industry then he is liable

For ex- tenant is responsible for the wrong thing happened in the house as he is
the occupier

Premises liability- area where the wrong thing or incident has occurred or
surrounding area where the incident has happened

Trespasser- absolute liability will happen if the precautions are not reasonable

No matter if the person is trespasser or invitee

Sec 57 and sec 58 (Indian easement act of 1882)

Licensor and licensee

Owner has to make aware the owner about the defect or problem in the property
if not than no liability of tenant

Material benefit concept- material benefit given by the person entering the
premises to the owner of the land

Duty of care towards person entering a premises, will vary from person to person
by the owner

Damage to invitee will have higher liability then liability due to lack towards
trespasser, more closely the relation higher the liability

Date 11/ Nov

Words different
1) Illegal- against the law
2) Unlawful- not in tune of human conduct
3) Non-natural- not regular or moral in nature, or not required in regular day
or place
4) Hazardous use of substance- term used in environmental law, there are
protocols or mandate are available against hazardous use of substances in
terms of intensity of the usage of the substance, substances including
various gases and chemicals no animals are included in it
5) Dangerous use of substance- larger circle which includes hazardous use,
this includes everything which a person is using dangerously. Animals are
included in this for ex- ferocious dog is dangerous

PIL- only when FR is violated

Class action suit- when a group of people suffers injury but not FR

*MCQ 2- whatever we have done in torts, all the topics from

starting
 Date- 12 November 2021

Topic- Case

Ryland v fletcher case

Facts- water reservoir

For crop field

No public good from reservoir

Damage to reservoir

Escape of water

Injury to plaintiff

In absolute liability- “mass destruction” or “mass damage” words are used

Vicarious liability
In vicarious liability the owner delegate or make a representative for him to
represent on behalf of the owner. He is supposed to act on your behalf and the
other person with whom he is dealing will assume that person as representing the
owner. Relation of master or servant/ of principle and agent should be there

a) The relation btw the 2 parties (authoritative and representative relation)

b) Nature of the duty/course of employment of the servant
c) Whether the action done is done in COE
d) Nature of the service

Restriction in course of employment, will still lead to liability of the owner

(Assuming that the action done is in course of employment)

 1) When the acts are authorized (vic lib)
2) Acts are unauthorized impliedly – not given in T&C still implied –
example- smoking on petrol pump(no vic lib)
3) Acts which are authorized impliedly (vic lib)
4) Act are expressly unauthorized (no vicarious liability)
5) Acts which are unauthorized and prohibited (
Action done according to the nature of employment will still lead to liability of
owner.

16/Nov

Remedies

Remedies are generally written in the statues only

Remedies are not mentioned in torts as they are unwritten law.

Remedy- mechanism to get back your rights when they are violated

18/ Nov

Vicarious liability (no fault liability)

Cars accident are taken under MV act, if the accident involve servant than the
owner will be liable of how the driver was driving (generally comes in vicarious
liability)

Examples-

1) If the driver himself taking lifts in his car while he/she is in COE, than there
is vicarious liability as the driver himself asking for lift, bcs accident is
related to purpose to which the act was done i.e. (taking ma’am from
university)
 If driver asks someone to take lift from him than more liability will be there
of driver, and if the other person asks the driver for the lift than no liability
or less liability and no vicarious liability
(*) If the clause is contrary to the general principle of torts in T&C than
clause will be followed

If something is incidental to the act/job than there will be vicarious

liability
If servant is really against the other laws and if the driver is also negligent
and the action happens in the COE than there will no VC.

Cases
1) Lloyd v grace smith &co.-
a) Property dispute
b) Grace smith- solicitors firm
c) Lloyd client of the firm
d) Fiduciary relation- trust
e) Sign transfer deal of the immovable property of Ms. Lloyd in name of Managing clerk
f) VC is there as managing clerk was in course of employment
2) SBI v. Shyama Devi-
a) Check to neighbor
b) Neighbor was clerk/manger in SBI bank
c) Did not enchased in bank by the clerk
d) No vicarious liability as the manager was not in the COE and got check from neighbor in
friendly way
3) Ormond v. Crosvill MSC
a) Owner asked his friend
b) To do the owner work
c) Accident happen
d) Vehicle lend by owner to his friend
e) There will be VL as the work is for the owner
f) VCL is there
4) United Africa co. v Saka O-
a) Transporting company
5) National insurance corporation v deepa devi
a) Election campaign
 b) Car and transport provided by pvt. agency (outsourced)
c) DM car
d) Young boy knocked down
e) Rash and negligence driving was there
f) In question- from whom the boy’s family will take compensation
g) Control test- state was in control of car
h) Thus compensation from state
6) Rajasthan SRTC v Kailash nath
a) SRTC held responsible as per control test

Control test- who is in the control of the employee who has done tortious liability. Control of
their contract, T&C and other aspects required for the employment
Medical negligence
Cases

1) Canterbury v Spence(1880’s)- where the patient was diagnosed with raptured disc , and there
was a possibility of 1-2% in million the surgery might lead to permanent disability, but the
doctor in this case did not informed the patients because there was no indication of paralysis
from the surgery but the patient after the surgery was paralyzed. The patient family filed a case
because doctor did not informed about the paralysis
The court judgment was in the favor of doctor- as there was no negligence on the side of doctor
during THE PROCEDURE/TREATMENT, even though informed consent was not there.

But in current time if the informed consent is not there then there will be negligence on the part
of doctor’s side

Jacob Matthew v. State of Punjab case (to be read)

2) Bolems law test- bolem v. fnerns hospital

3) Poonam Verma v. Ashwin Patel- homeopathy doctor advised allopathic medicines