KALINGA UNIVERSITY NAYA RAIPUR

FACULTY OF LAW

Course: - LLB LLM-2nd Semester

Subject: - CYBER TORTS

Subject Code: - LLMCL204

VERY SHORT ANSWER TYPE 5 QUESTIONS

1. Define tort.

The term derives from Latin tortum, meaning “something twisted, wrung, or crooked.” The
concept encompasses only those civil wrongs independent of contracts. A tort is an act or
omission that gives rise to injury or harm to another and amounts to a civil wrong for which
courts impose liability.

2. How does a tort differ from a crime?

A Crime is wrongdoing which hampers the social order of the society we live in. A Tort is
wrongdoing which hampers the individual or his property.

A tort differs from a crime because although it is a wrong doing it is classified as a civil
offense. A tort interferes with another person or their property.

A tort may well be part of a crime as some personal injury may occur to innocent parties
during the crime. Crimes are tried in a criminal court while torts are brought to justice
through a civil court.

Crimes are identified by the legal system as acts that go against society. Torts are based on
injury to individuals due to negligence or personal damage.

3. Who propounded the judgement in the case of Donoghue v. Stevenson?

Lord Atkin, Lord Thankerton and Lord Macmillan.

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4. What is meant by innuendo?

Innuendo is a legal concept that is related to tort and personal injury law. The word is derived
from “innuere”, in Latin which means “to nod forward”. In legal terms, innuendo is used in a
lawsuit to describe defamation from libel and slander. It usually depicts that the plaintiff had
some bad comments made about him and the comments were in fact defamatory.

An Innuendo may be defined as a hint , rather an imputation, in which the intention is to

defame or insult somebody in such a way wherein the words are prima facie innocent. In other
words, innuendo is a hint of denigrating nature made in a way wherein the words are literally
innocent or at least may appear to be innocent in the first place.

5. What is meant by maxim ‘Ubi Jus Ibi Remedium’

The latin maxim "Ubi jus ibi remedium" means that where there is a right there is a remedy.
The word 'Jus' means the legal authority to do or demand something, and the word
'remedium' means the right of action in Court of Law.

SHORT ANSWER TYPE 5 QUESTIONS

1. State the necessary constituents of a tort.

Consequently, it has been implied that there are three constituents of tort:
1) Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.
2) Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the
plaintiff.
3) Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal
remedy in the form of an action for damages.

1) Wrongful Act:-
An act becomes wrongful when the person sought to be made liable was under some legal
duty, which he did not perform and the default of which caused loss to the victim.

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2) Legal Damage
“Damage” means the harm or loss suffered or presumed to be suffered by a person as a result
of some wrongful act of another. The difference between the terms “damage” and “damages”
is that, the former refers to the loss suffered by someone while the latter refers to the
compensation awarded by the court o the victim for the losses suffered by him.

3) Legal Remedy
A tort is a civil injury, but all civil injuries are not torts. The wrongful act must come under
the category of wrongs for which the remedy of a civil action for damages is available.

2. What do you understand by damnum and injuria ? Give difference between damnum sine
injuria and injuria sine damno.

Damnum sine Injuria is a legal maxim which refers to as damages without injury or
damages in which there is no infringement of any legal right which are vested with the
plaintiff. Since no legal right has been infringed so no action lies in the cases of damnum
sine injuria. The general principle on which this maxim is based upon is that if one
exercises his common or ordinary rights, within reasonable limits, and without infringing
other’s legal right; such an exercise does not give rise to an action in tort in favour of that
other person. Damages can be in any form either in the form of any substantial harm or
loss suffered from respect to the money, comfort, health, etc.

Difference:

S.No Damnum Sine Injuria Injuria sine Damnum

Damnum sine Injuria refers to the damages

Injuria Sine damnum is the legal injury
suffered by the plaintiff but no damage is
1. caused to the plaintiff without any damage
being caused to the legal rights as there is no
to the physical injury.
violation of it

It is the losses suffered without the

2. infringement of any legal right hence It is an infringement of a legal right where
creating no cause of action. even if no loss has been suffered by the
plaintiff still creates an actionable cause of

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 action.

No compensation in the form of damages is Compensation in the form of damages is

3.
awarded by the court. awarded by the court.

This maxim is for the legal wrongs which

This maxim is for the moral wrongs which
4. are actionable if the person’s legal right
have no action in the eyes of the law.
has been violated.

The principle of this maxim is that a person
exercises in such a manner within reasonable
5. limits which does not ground action in tort
merely because it causes damages to other
people
The principle of this maxim is that
whenever there is an invasion of a legal
right there creates a cause of action and the
person whose right is vested is entitled to
bring an action.

In this, the plaintiff suffers legal injury

In this, the plaintiff suffers a loss but has
6. doesn’t matter they have suffered any loss
suffered no legal injury.
on that account.

This is actionable since there is a violation

7. Damages without injury are not actionable
of a legal right.

3. State the distinction between Tort and Quasi-Contract.

1. First on the basis of damages: A claim for damages under law of tort is always for
an unliquidated sum of money where as A claim for damages is for liquidated sum
of money.
2. Second on the basis of attribution of duty: Under law of torts the duty is towards
persons generally where as In a quasi-contract, the duty is always towards a
particular person.
3. Damages are not fixed in the tort law i.e., also known as unliquidated damages.
Damages to the quasi-contractual obligation are fixed and specified by the court itself.
4. Duty is imposed toward all people generally and not to a definite person. Duty is
towards a definite person from whom the person has enriched wrongful benefits.

4. Examine the facts and principles evolved in the case of Donoghue vs Stevenson.

Facts of the case

On the 26th of August, 1928, Mr Minchella purchased a ginger beer bottle from Wellmeadow
Cafe in Paisley (Scotland) for his friend, Mrs Donoghue, the appellant. The ginger beer bottle

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was made of dark opaque glass, and thus, there was no reason to suspect that the bottle might
have contained anything other than ginger beer.

After consuming almost half of the contents of the bottle, when the rest of the ginger beer
was poured into a tumbler, dead, decomposed remains of a snail floated into it. The
nauseating sight coupled with the consequences of ingesting the impurities in the bottle
caused shock and severe gastro-enteritis to the appellant.

The case was first filed in the Second Division of Sessions Court of Scotland where an
interlocutor was issued by Lord Ordinary for proof after a good cause of action of the
petitioner was found. But subsequently, another interlocutor by the majority was issued
recalling the previous interlocutor and the action was dismissed. An appeal was then filed in
the House of Lords.

Prominent issues raised

The following issues were raised in this case:

1. Was the manufacturer of the ginger beer aware of the defect in the product that
made it unfit to consume and was it fraudulently concealed from the consumer?
2. Could the product be classified as dangerous per se and was there a failure on part
of the manufacturer to warn the consumer of the same?
3. Would an action of negligence be applicable in light of the fact that there was no
contract formed between the plaintiff and the manufacturer?

Establishment of legal principles

This case garnered widespread importance due to the three basic legal principles it
established-

Negligence

The tort of negligence as a distinct tort was properly established by this case. Previously,
there was a need to prove the presence of the contract and its breach to constitute a negligent
act. However, after this case, one had to prove breach of duty or omission to do something
according to standards of a reasonable man (no need for a contract) and consequent legal
injury to satisfactorily sue for negligence.

Duty of Care

Lord Atkin observed ‘‘…a manufacturer of products, which he sells…to reach the ultimate
consumer in the form which left him…owes a duty of care to the consumer”. In other words,

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the manufacturer owes a duty of care to all their possible consumers. This precedent was thus
able to initiate numerous avenues in consumer protection and consumer rights.

The ‘‘neighbour’’ principle

Lord Atkin developed this principle to determine the individuals to which duty of care was
owed. He called such individuals ‘‘neighbours’’. These neighbours could be determined by
the doctrine of reasonable foreseeability- only those individuals who could be reasonably
foreseen to be affected by a person’s actions could claim damages in case of injury due to
said person’s actions.

5. Explain the Concept of Damage and its principle with case laws?

Meaning of Damages

There are many remedies which are available to the injured person and the most common
remedy is the award of damages. Damages is that amount of money which the injured person
gets from the person who caused injury to him.

In a claim for damages, the person should have suffered a legal injury because in case no
legal injury happens a person cannot claim damages even if he suffered an actual loss. It can
be understood with the help of these maxims:

Injuria sine damno, it means that there is a legal injury without any actual damage. Here the
legal right of an individual is violated therefore he has a right to go to the court to enforce
such right.

Damnum sine injuria, it means that there is actual damage but no legal injury and thus the
person cannot go to the court to enforce his right because he has no such right in the absence
of a legal injury.

Damages can be provided in the cases of injuria sine damno but not in a case of damnum sine
injuria.

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Another important point about ‘damages’ is that they are different from ‘damage’ even
though they both sound the same they have a different meaning. Damage is the loss suffered
by the person due to the wrongful act of another person whereas, Damages is the amount of
money which is paid as compensation for the injury suffered by a person.

So, damages are different from damage and it is one of the remedies which is available to the
plaintiff.

Liquidated and Unliquidated damages

Liquidated and unliquidated damages are both provided whenever damage is suffered by a
person because of an unlawful act by another person and thus both are compensation paid to
the injured person but they both differ from each other.

Liquidated damages are those in which the amount of compensation which has to be paid to
the injured person is predetermined. It is usually paid in the cases of contracts where both the
parties already know each other before the damage is caused by any of them and thus the
Courts only have to enforce the condition of such damages.

Illustration: A enters into an agreement with B for selling his goods to B and in the terms of
the contract it has been specified that if the goods are defective then A will have to pay a
compensation of Rs.500 to B. If the goods turn out to be defective and B files a case against
A then amount of Rs.500 will be paid by A. Such compensation falls in the category of
liquidated damages.

Unliquidated damages are those damages which are not predetermined which means the
amount which has to be paid is not decided before the injury happens to a person.
Unliquidated damages are awarded in cases of tort because often the parties to such a case do
not know each other before the commission of tort and therefore it is not possible for them to
fix the amount of compensation beforehand.

Illustration: A commits the tort of trespass in B’s property and B brings a suit against him in
the Court. Here the award of damages which B will receive will be unliquidated damages, as
the amount of compensation will be determined by the Court.

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Damages in Tort

In torts, the damages which are awarded by Courts to the plaintiff can be classified into
several heads.

1. Nominal Damages

Nominal damages are those in which even though the plaintiff has suffered a legal injury at
the hands of the defendant, there is no actual suffered by him. These damages are provided in
the cases of Injuria sine damno in which the Court recognises the violation of the right of the
plaintiff but the amount of damages are so nominal or low because of no actual loss to the
plaintiff.

In the case of Constantine v. Imperial London Hotels Ltd., The plaintiff was a cricketer
from West Indies who had gone to the defendant hotel to stay but he was rejected on the basis
of his nationality, therefore, the plaintiff stayed at another hotel and did not suffer any actual
damage. In the case brought by him, the defendant was held liable because the plaintiff’s
legal right was violated despite no actual injury happening and they had to pay nominal
damages of five guineas.

In the case of Ashby v. White (1703) 92 ER 126, the plaintiff was prevented from voting by
the defendant and the candidate for whom the plaintiff was going to vote still won. The
plaintiff sued the defendant. It was held that even though no actual damage was suffered by
the plaintiff, the defendant was still liable for preventing him from exercising his legal right
to vote and thus nominal damages were awarded in this case.

2. Contemptuous Damages

In these type of damages, the Court recognises that the right of the plaintiff is violated but to
show that the suit brought by the plaintiff is of such a trivial nature that it has only wasted the
time of the Court, the Court awards a meagre amount to the plaintiff as damages. This is
similar to the nominal damages but the only difference between the two is that in nominal
damages the plaintiff suffers no actual loss and in contemptuous damages, the plaintiff suffers
actual damage but it is a trivial one in which he does not deserves to be fully compensated.

Illustration: If A’s dog enters B’s house and relieves himself and B accidentally steps on it
and is disgusted and thus, he brings a suit against A, the Court will rule in B’s favour but
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because of such a trivial nature of this case the damages awarded by the Court will be of a
meagre amount.

3. Compensatory Damages

Compensatory damages are awarded to help the plaintiff to reach his original position at
which he was before the tort was committed against him. These damages are not awarded to
punish the defendant but to restore the plaintiff to his previous situation. These damages are
very helpful in cases of monetary losses in which the amount of loss can be easily calculated
and therefore that amount can be ordered to be paid to the plaintiff so that he can replace the
damaged product or goods with such amount.

Illustration: K takes T’s bike and due to his rash driving the bike gets damaged. Here K can
be awarded compensatory damages in which the amount for repairing the bike will be
payable to K by T so that the bike’s condition can be restored back to its original state.

4. Aggravated Damages

These damages are awarded for the extra harm which is caused to the plaintiff which cannot
be compensated by the compensatory damages and it is given for factors such as the loss of
self-esteem, pain and agony suffered by the plaintiff etc. which cannot be calculated in
monetary terms. These damages are therefore additional damages which are awarded to the
plaintiff other than the damages awarded for his pecuniary loss.

Illustration: A makes false claims against B as a result of which B’s standing in the society
is greatly affected and he is also ridiculed by people which leads to him losing his self-
confidence and self-esteem. Here Court can award B aggravated damages for the humiliation
and loss of confidence because of his suffering which is caused by A’s act.

5. Punitive Damages

These damages are also known as exemplary damages and the purpose of these damages is to
punish the defendant and to make an example of him so that others are deterred from
committing the same act as he did. Thus, whenever a Court feels that the act of the defendant
was severely gross, it awards punitive damages against him to the plaintiff.

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Illustration: A company advertises that its pill will help in quick weight loss and is made up
of natural ingredients, as a result, the plaintiff purchases it. But due to the pills containing
certain chemicals, it makes the plaintiff severely ill. Here the Court can not only allow
compensatory damages to the plaintiff but because of the company’s false claims, it can also
award punitive damages so that it does not repeat the act again.

Conclusion

Damages are the monetary compensation which is awarded by the Court to the plaintiff so
that he can be enabled to make up for the loss which he has suffered because of the tort
committed by another person. There are several types of damages and the calculation of
damages depends on various factors such as the nature and extent of the injury, the relation
between the plaintiff and the defendant etc. The calculation of damages is also different in
different cases such as in the case of death of a person the interest and multiplier theories
while for calculating damages while in case of shortening of life span the social status of the
person is not taken into account.

LONG ANSWER TYPE 5 QUESTIONS

1. Discuss the “Rule of Strict Liability”. Explain in brief the exceptions to this rule.
How it differs from the principle of “Absolute Liability”?

The basis of this principle basically lies in the inherent harm that some activities can inflict. For
example, leaking of poisonous gasses, as it happened in the Bhopal Gas Tragedy, will attract this
rule.

The underlying principle of compensation in torts generally depends on the extent of precautions
a person takes. Hence, if he takes abundant precautions to prevent some harm, the law may
exempt him from paying damages. This principle, however, does not apply to strict liability.

Under the strict liability rule, the law makes people pay compensation for damages even if they
are not at fault. In other words, people have to pay compensation to victims even if they took all
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the necessary precautions. In fact, permissions allowing such activities often include this
principle as a pre-condition.

Rylands v. Fletcher

The rule of strict liability originates from the famous English case of Rylands v. Fletcher.
According to the facts of this case, the defendant owned a mill and wanted to improve
its water supply. For this purpose, he employed a firm of reputed engineers to construct a
reservoir nearby.

The problem occurred when the reservoir was so full one day that the water from it started over-
flowing. The water flowed with so much force that it entered the plaintiff’s mine and damaged
everything.

The engineers, who were independent contractors of the defendant, were clearly at fault. This is
because they were negligent in constructing the reservoir. This is exactly what the defendant
also said for avoiding his liability.

The court, however, disagreed and explained the strict liability rule. It said that when somebody
keeps something on his property for his benefit, it should not escape and affect others. In case it
so escapes, the owner of that thing must compensate the victim even if he was not negligent.

Exceptions to Strict Liability

The strict liability rule does not apply in cases involving the following exceptions:

1) Act of God

An act of God is a sudden, direct and irresistible act of nature that nobody can reasonably
prepare for. It can cause damage regardless of how many precautions one may take. For
example, tsunamis, tornadoes, earthquakes, extraordinary rainfall, etc. are acts of God. Any
damage that occurs due to these acts does not attract strict liability.

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 2) Wrongful act of a third party

Sometimes, the involvement of third parties may be the cause of damages. For example,
renovation work in one flat may cause some nuisance to another flat. Here, the tenant affected
by the nuisance cannot sue his landlord. He can only sue the person renovating the other flat.

3) Plaintiff’s own fault

In several instances, the plaintiff may himself be at fault for the damage he suffers. In such
cases, he cannot shift liability on some other person regardless of how much he suffers.

4) Consent of the Plaintiff: This exception follows the principle of violenti non fit injuria.

For instance, if A and B are neighbors, and they share the same water source which is
situated on the land of A, and if the water escapes and causes damage to B, he can’t claim
damages, as A wouldn’t be liable for the damage.

According to the rule of absolute liability, if any person is engaged in an inherently

dangerous or hazardous activity, and if any harm is caused to any person due to any accident
which occurred during carrying out such inherently dangerous and hazardous activity, then
the person who is carrying out such activity will be held absolutely liable.

Difference Between Strict Liability and Absolute Liability

1. In strict liability, any person can be made liable, whereas, in absolute liability, only an
enterprise can be made liable (commercial objective).
2. In strict liability, the escape of a dangerous thing is necessary, whereas, in absolute
liability, an enterprise can be made responsible even without an escape.
3. Certain exceptions are available to a person in strict liability, whereas no defences are
available in absolute liability.

2. Explain the Concept of Vicarious Liability, its scope and give justification?

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 2. Vicarious Liability

Vicarious liability is a liability where the master is liable for the tort of his servant, principal

for his agent, partner for another partner and an employer for an employee.

The legal maxim Qui Facit per alium Facit per se also applies to the concept of vicarious

liability, which means he who acts for another, acts for himself.

Four important kinds of vicarious liability are:

 Principal-Agent Relationship.
 Partners.

 Master and Servant.

 Employer and Independent Contractor.

Principal-Agent Relationship

An agent is a person who acts on behalf of the principal. Therefore, if an agent does any

wrongful act in the course of his employment, then the master will be held liable for the acts

committed by the agent.

Suppose the agent performs some activity in the absence of the principal, which favours the

principal, even though the principal does not know this act. In that case, he will still be held

responsible as the agent acted for the principal’s benefit.

Partners

All the partners are liable to the same extent as the guilty partner. In Hamlyn vs Houston, one

of the two partners bribed the plaintiff’s clerk, persuading him to provide confidential

information about his employer’s firm. The court decided that both partners were responsible

for the tort committed by only one of them.

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 Master and Servant

Master will be held liable for the tort or wrongful act committed by his servant during the

course of employment. Obviously, the servant will also be held liable.

A master is liable not only for the acts that the servant has committed but also for the acts

done by him that are not explicitly authorised.

Principal of Respondent Superior will be applicable here, which says, let the principal be

liable.

The master is liable even though the servant acted against the expressed instructions.

Employer and Independent Contractor

Ordinarily, an employer is not liable for the tort committed by an independent contractor. But

there are certain conditions where even the employer will be held liable.

 The employer is liable only if he has committed a tort.

 When the employer authorises him to commit a tort.

 In torts of strict liability.

 Negligence of an independent contractor.

Scope of vicarious liability

It is not like every time employer is liable for vicarious liability even when he has appointed
any worker for 1 day. When defining relationships that give rise to Vicarious liability, the
main thing is usually the power and controls that the employer has over the employee,
irrespective of, for whatever time he is appointed for.

Sir William Blackstone, in his Commentaries on the Laws of England (1765-1769), noted
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that the master is answerable for the act of his servant, if done by his command, either
expressly given, or implied. [5] If employees work beyond the scope of the employment or
the employer has no control over them then he can't be held liable
For example

1. Independent contractor

Independent contractors are self-employed people hired to perform work or services

as non-employees. Employers can only decide what work they want to be done, but
they have no control over how the work is done. Therefore, he has no control over it
and the employer is not liable for subrogation in the event of an illegal act.

2. Illegal acts

If any employee does any illegal work outside his employment contract which is not
required by him to do or he is not authorized to do then the employer will not be held
liable for it.

3. Explain the development of law of tort in India and England.

Origin of Tort Law

Prior to 1066, the French William the Conqueror of the Norman conquest of England, the
legal system was somewhat disorganized, carried out on a more or less case-by-case basis.
After 1066, to assimilate the village laws that had developed over two centuries, eminent
judges were delegated to visit a given area. These judges, benefiting from this information,
noted and applied the precepts they believed to be most impartial in their own court’s
findings. Over time, these cases became what are now called legal precedents when

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referenced often enough. The law of tort came to India via England. The law of tort came to
India via England.
After the Norman Conquest, French became the language spoken in the judiciary of England
and thus many technical terms in English law originated from French and tort is one of them.
The term ‘tort’ is based on the concept that there are certain rights for all in the society. The
purpose of this atrocity law is to enforce rights and duties.

The sessions during which these judges conducted trials were termed ‘assessments’ or
‘sittings’ in modern terms. The place from which a judge makes judgments and sentences is
still called ‘bench’. Once these precedents were set, they were intended to apply equally to
every member of society, from a lord to a servant, resulting in the term common law.

Development of the Law of Torts in India

The Law of Torts is based on the principles of ‘Common Law‘ which is primarily the English
Law of Torts. The law of tort is selectively enforced in Indian courts if it suits the
circumstances of the Indian society.
In India, the term tort has existed since the pre-independence period. Tort did not have such
an important beginning under Hindu law and Muslim law compared to English law. Most of
the laws of tort in India is adopted from the English law of Torts. However, the Indian courts
before making any application of the laws adopted from the English law of torts see whether
it is compatible with Indian culture and circumstances. Using the English law in India has
thus had a distinctive application.

In India, the origin of torts is related to Charter of 1726. Under charter 1726 the English
courts were established in three presidencies i.e. Bombay, Calcutta and Madras which were
known as ‘Mayor courts’. These courts were working under ‘Common law’ full stop in India
also the common law was made applicable but the directions were made to quotes that the
common law is made applicable. In the application of common law, in the application
of common law, the principles of equity, justice and good conscious were being followed.
Law of torts was being considered an inseparable part of the common law. This was made
applicable in India in this reference but due care was taken that it applied as per the
conditions, customs and traditions of India.
In the case of Naval Kishore vs. Rameshwar Nath And Ors. ( A.I.R. 1995 Allahabad 594) it
was stated that the rules of law of torts of England should be made applicable as per the
Indian atmosphere, that is, corresponding to traditions and Customs of it.
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What are the reasons for the slow development of law of torts in India?
In view of the above, the stability of the law of torts in India is due to English law. Since
1726, this law is made applicable in Indian courts, but the process of development of it is
very slow. The reasons for it are as follows: –
1. The Law is Not Codified: – The main reason for the slow development of the law of torts
in India is that is not codified. Due to this, there is always a problem of uncertainty in
front of the court. It is very difficult to decide which action comes under tort and which
are not torts. The decisions of courts are generally based on precedents.
2. Ignorance of Law: – The second cause is ignorance of the law. People are not aware of
their legal rights. Most people are illiterate and are unaware of their rights. This is the
reason that they do not move to courts for justice even on violation of their rights.
3. Poverty: – Poverty has also distant the development of the law of torts. A number of
people do not approach the Court due to poverty. They keep silence tolerating humiliating
experience of extradition and tannery. But now the efforts are made so that a person may
be deprived of justice due to the reasons of poverty. Arrangements for free legal assistance
have been made in paragraph 39(A) of the constitution. Now the conception of public
interest litigation is also contributed in forwarding the applicability of the law of torts.
4. Lack of Political Will Power: – The formation of adequate law and their implementation
are not willfully desired by the political representatives, which is also restaurant the
development of the law of torts. The government is not effective as it ought to be in
reference to reference to law and Justice.
5. Expensive and Delaying Judicial System: – The process of Judiciary system is very
expensive and takes a long time in panting decision, therefore victims day to go to quotes
and is the cause of non-development of the law of torts.
In M.C. Mehta vs. Union of India, Justice Bhagwati said: – We have to develop new
theories and create new norms that will adequately deal with the new problems arising in a
highly industrialized economy. We cannot allow our judicial thinking to be constructed in
terms of law as it is prevalent in England or in any other country for that matter. We are of
course ready to receive light from any source, but we have to create our own jurisprudence.
It is pertinent to mention here that Section 9 of the Code of Civil Procedure 1908, as
amended, which empowers the civil courts of the country to try all kinds of suits, which are
civil in nature, under the Law of Torts Holds the jurisdiction responsible for trying cases. On
the fundamentals of justice, equality and good conscience.

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In Jai Lakshmi Salt Works (P) Ltd vs. State of Gujarat, Justice Sahai, R.M. held in: – The
entire Law of Tots is morally based and structured. Therefore, it would be primitive to strictly
shut down or eventually to the ever-expanding and expanding horizon of tortious liability.
Even for social development, orderly development of society and cultural sophistication, the
liberal approach to fraudulent liability by the court would be favorable

4. Distinguish Tort from Contract, Quasi- Contract and crime.

Difference between tort and contract law

TORT LAW CONTRACT LAW

Contract law is a codified law as Indian

Tort is an uncodified law
contract law, 1872.

In contract law, duty is not fixed by law but

In tort, there is a duty fixed by law
is mutually given by parties to each other.

Under contract law, duty is only for the

In tort, duty is towards every person. Which is
parties to that specific contract. This is also
also known as “right in rem”.
known as “right in personam”.

In tort law remedy given is unliquidated While in contract law remedy provided for a
damages. breach of contract is liquidated damages.

Contracts are totally based on the free

Tort is committed without consent
consent of the parties.

Motive is often taken into consideration in case Motive is completely irrelevant in cases of
of tort. breaches of contract.

Measures of damages in the case of tort are not Measures of damages are generally more or
predictable. less predictable.

Difference between tort and crime

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 Tort law Criminal law

Crime is said to be done against a state

and it harms not just the victim of that
Tort is a civil wrong or a private wrong.
crime but the whole society. Hence it is a
public wrong.

And therefore is dealt under criminal

And hence is dealt under civil courts.
courts.

As a result of crime, a convict is provided

As a result of tort, the remedy given is a
with a punishment given under IPC and
compensation which is unliquidated damage.
also fine as per the case may be.

The suit of tort is against a person. The suit of crime is against the state.

It is private law. It is public law.

Difference between tort and quasi-contract

Tort law Quasi -contract

Damages to the quasi-contractual

Damages are not fixed in the tort law i.e., also
obligation are fixed and specified by the
known as unliquidated damages.
court itself.

Duty is imposed toward all people generally and Duty is towards a definite person from
not to a definite person. whom the person has enriched wrongful

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 benefits.

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