Torts

Date 06.10.2023
The word Tort has been derived from Latin term TORTUM which means to twist or crooked conduct. The English term tort
means wrong.

This branch of law includes various tort of wrongful acts whereby its violets some legal rights vested in another. The law
imposes the duty to respect the legal rights vested in the members of the society and person making a breach of that duty
is said to have done the wrongful act e.g., violation of a duty to injure the good name and reputation which result in
defamation. Interfering in the property of others or possession of land again results in trespassing.

Date 09.10.2023
DEFINATION OF TORTS

Tort is uncodified law and was originated from the UK’s case laws. Unliquidated damages will be decided by the court.

There are various definition which indicates the nature of this branch of law which includes :

1) Torts means a civil wrong which is not exclusively a breach of contract or breach of trust under section 2 clause M
[u/s 2(m)] of the limitation act 1963.
2) According to Salmond “Tort is a civil wrong for which remedy is a common law of action for unliquidated damages
and which is not exclusively a breach of contract or a breach of trust merely equitable obligation.
3) According to Winfield Tortes liability arises from a breach of duty primarily fixed by the law. This duty is towards
persons generally and its breach is redressable by an action for unliquidated damages.
4) According to Fraser it’s a infringement right-in rem of a private individual given a right of compensation at the suit
of the injured party.

From the above definitions it is clear that though it may vary from person to person. The basic idea which is indicated by
these definition is

TORT

Civil Wrong Not all civil wrong is Tort Not breach of contract or
breach of trust

As stated earlier no such definition has been possible, which could explain this wrong by mentioning various elements.
The presence of which could be considered to be a tort. We may define tort is a civil wrong which is redressable by an
action of unliquidated damages, and which is other than a mirror breach or breach of trust which could be technically
classified as follows:

i) Tort is a Civil wrong.

ii) This wrong is other than a more breach of contract or breach of trust.
iii) This wrong is redressable by an action for an unliquidated damage.

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Date 10.10.2023
Tort is a civil wrong. Tort belongs to the category of civil wrongs. The basic nature of civil wrong is different from a criminal
wrong. In case of civil wrong the victim will institute a suit for damage against the wrongdoer. The plaintiff (victim) is
compensated by the defendant for the injury caused.

Plaintiff (victim) who has a right to file a suit.

Defendant (wrongdoer)

But in the case of criminal wrong, on the other the criminal case has been initiated by the state against the criminal and
moreover the victim in the criminal case is not compensated. Criminal justice is administered by punishing the wrongdoer,
there are instances where a criminal act falls under both the law (Tort & Crime). In which the remedies are available
concurrently. There would be a civil action by which the plaintiff could be compensated under the criminal action the
wrongdoer would be punished.

Tort is other than the breach of contract and breach of trust. Though tort is a civil wrong, it is not exclusively any other
kind of wrong. If the wrong is mere breach of contract or breach of trust, then it is not a tort. First, we have to see whether
the wrong is criminal or civil. If it is civil wrong further, we have to decide whether that is recognized by any other category
of civil wrong like breach of contract or trust. If it is found that the wrong is neither mere breach of contract or breach of
trust then the wrong is tort. There are circumstances where a single transaction of wrong give rise to two or more civil
wrongs in which one of the wrong may be tort.

Date 11.10.2023
Tort is redressal by an action for unliquidated damages. As damage (compensation) is the major remedy for tort, the
wrong doer has to compensate (money compensation) the injured party after the commission of the wrong. As the wrong
committed by the defendant cannot be restored back, the only thing which can be done in such a case is to see what the
money equivalent to the harm committed. In tort money compensation is not the only remedy available, sometimes other
remedies also available like “injunction e.g., incase of nuisance, injured party would seek for immediate remedy so as to
prevent such nuisance by way of retraining the wrong doer rather, than getting money compensation. Generally damage
is the only remedy in law of tort and that is what distinguishes it from crime.

Tort and crime distinguished. Wrongs which are less serious in nature are considered to be private wrongs and have been
labelled as civil wrong, and wrongs which are more serious have be considered as public wrong and are known as Crime.
There are wrongs which could be fit in both crime and tort, like assault, defamation, negligence, conspiracy, and nuisance.
If the victim wants to sue the wrongdoer under civil liability, he has to approach the rule of torts and if he decided to
initiate criminal proceedings against offender, criminal law will apply. The rule applicable in tort is different from crime.

Generally in case of tort, the remedy is monetary compensation and the idea behind awarding compensation to the injured
party is to make good the loss suffered by him. The punishment under criminal law protects the society by preventing the
offender from committing further offences and deterring him and other potential offenders from committing wrong.

CRIME TORT
Public Wrong Private wrong
Elements may vary from crime to crime Element are determined
The proceedings against the accused brought by the State Injured party himself files a suit against wrongdoer

No place for settlement, except in some cases
Remedy is none other than punishment, except U/s of
Cr.PC, paid out of fine
Imprisonment and arrest as penalty
Compromise can be done at any stage of the case
between the parties
Remedy is monetary compensation
Imprisonment and arrest as pressure to perform duty

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Date 12.10.2023
Tort and Breach of Contract distinguished. A breach of contract results from the breach of duty undertaken by the parties
themselves. The violation of the agreement which is made by the parties with their free consent is known as breach of
contract. In case of tort, the duties which are said to be breached is not undertaken by the parties, but which are imposed
by law.

The duty imposed by law under law of tort is not against any individual but against the society at large. However, the
inured party alone is entitled to sue against the wrongdoer. In case of Contract, the duty is based on Privity of Contract,
where in each party owes a duty only to the other contracting party, and not to those who are stanger to the agreement.
Case law → Donoghue v Stevenson

TORT BREACH OF CONTRACDT

Breach of duty imposed by law on members of the society Breach of duty undertaken by the parties themselves
through agreement
The duty is not based on Privity of Contract The duty is based on Privity of Contract
The damage is unliquidated The damage is liquidated

Date 14.10.2023
Privity of Contract and Tortious liability. If there is a contract between ‘A’ and ‘B’ and as a result of which if ‘C’ sustained
loss because of breach of contract by ‘A’ and ‘B’, the question now is whether ‘C’ who is a stranger, can sue ‘A’ or ‘B’? In
law of Contract, C can sue A or B under Privity of Contract but under law of tort, we don’t need such doctrine to establish
the liability of the wrongdoer.

Is it Law of Tort of Law of Tort?

Salmond Imposed this question in this regards, ‘law of Torts consist of fundamental general principles that it is wrongful
to cause harm to other persons in the absence of some specific ground of justification or excuse or does it consist of a
number of specific rules prohibiting certain kind of harmful activity, and leaving all the residues outside the sphere of legal
responsibility’.

In other words (1) is it law of tort, so that every wrongful act, for which there is no justification of excuse to be treated as
a tort or (2) is it the law of tort, consisting only of a number of specific wrongs outside which the liability under this branch
of law cannot arise.

Winfield preferred the 1st of these alternative and argues it is law of tort and not law of torts.

ESSENTIALS OF TORTS

To constitute an act as tort, it is essential that the following two conditions are satisfied.

1. There must be some act or omission on the part of defendant and,

2. The act or omission should result in legal damages.

Date 16.10.2023
ACT OR OMISSION

“ACT and Negligence comes under OMISSION”

To make a person liable for a tort, he must have done some act which he is not supposed to do or omitted to do some
which he is supposed to do, eighter positive or negative e.g, defamation, trespass or false imprisonment comes under
“ACT” and negligence comes under “OMISSION” in Glasgow Copr v Talylor case the corporation which maintains a public
part, fails to put proper fence to keep the children away from a poisonous tree and a child plucks and eats the fruits of the

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poisonous trees and dies. The corporation would be liable for such an omission. Similarly, in “Municipal Corporation Delhi
v Subhagwanti”, it was clearly interpreted that due to the negligence of Dehi Municipal corporation, the clock tower, which
was situated in the heart of city, which was not maintained properly fell down and killed a number of people. It may be
noted that the wrongful act or omission must be recognized by law and not based on moral or social values.

LEGAL DAMAGE – (injuria sine damnum & damnum sine injuria)

injuria sine damnum

Legal Injury without Actual damage

Case law – 1 Ashby v. White

The plaintiff who was an eligible candidate to vote but was not allowed to cast his vote by the returning officer, the
defendant. No loss was caused because of refusal by the defendant, as the candidate whom he intended to vote won the
election, but the House of Lords, has decided the defendant was liable when plaintiff brought a suit against the defendant,
as, if the plaintiff has a right, he must be permitted to enjoy it without any prevention and if so, the remedy should be
provided.

Date 17.10.2023
J&K Bhim Singh Case → violation of fundamental rights.

Petition filed by J&K MLA, he was going to attend meeting at Vidhan Sabha, he was detained by the J&K police and
presented to magistrate after 24 hours, but police has not done their duty well this Injuria sine damnum compensation
give of Rs.50,000/- to MLA.

Damnum Sine Injuria

Actual Damage without Legal injury

Case :- Glouster Grammer School

Date 18.10.2023
Volenti non fit injuria

Injuria → Tortious act, Breach of private legal right

Voluntarily i.e. willingness

Ubi jus ibi Remedium

Where there is a right there is a remedy.

The judges opined that “if multiply injuries, action must be multiplied too for every man who is injured ought to have
recompense.

Date 19.10.2023
Consent is not sufficient there must be free consent.

Exception → Rescue case

Case law :- Haynes v Harwood

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Date 20.10.2023
Contributory Negligence

The expression contributory negligence means an act of negligence in which both the defendant and plaintiff are
contributors.

Case law :- Harish v Toranto Transit Company

ACT OF GOD (VIS MAJOR)

Heavy rainfall, stoms, volcano, earth quake etc.

Working on Natural Forces

Case law :- Ramalingam Naddar v Naryan Reddiar

Date 21.10.2023
Private Defense – IPC 96 to 106 Body of property of third person

Mistake – Cr Pc 76 to 79 Mistake of facts defense available under Cr Pc

Necessity IPC section 81

Statutory Authority

Government officers on duty performing his duty it that case tort happens then he will be availed general defense i.e. that
person is not liable for tort.

Date 23.10.2023
Que:- Define tort and distinguish between breach of contract

Absolute and Conditional Authority

Date 25.10.2023
Discharge / Extinguishment of liability of tort

Death of the party :- Applicable only for physical tort

Actio Personolis Moriture cum Persona

Meaning → if the person dies his personal right of action dies with him. Death destroys the right of action.

Ground on personal tort i.e. relating to body

• Defamation
• Seduction
• Adultery

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Date 26.10.2023
By Waiver

If out of the several civil remedies available for a wrong the injured person elects to pursue only one of them, he shall be
precluded from pursuing others afterwards. If he elects to base his action on the ground of breach of contract, he cannot
afterwards sue for it as a tort for he will be deemed to have waived the rest of the remedy. Waiver is express or implied.
Waive the tort does not mean that the tort itself is waived. It is only the right to recover damages for the tort committed
i.e. waived.

Accord and Satisfaction.

Just as a civil obligation can be discharged by accord and satisfaction as also tortious liability can be discharged by accord
and satisfaction. When an agreement has been reached between the parties the consideration of which may have been
settled to be paid even in future. The agreement once reached satisfies the claim and is a bar to an action in court except
of the agreement itself, but the agreement must be based on the payment of certain things. Otherwise, an agreement
unaccompanied a consideration is void and is not a bar to a right of action.

Release without consideration

According to English law its opened to an injured party to release the wrongdoer from liability to compensation. According
to English law release of right must be either supported by consideration or by a formal document signed, sealed and
delivered but in Indian law, in India, however according to section 63 of the Indian succession act consideration is not
necessary for release and there fore it would be opened to an injured party to release the wrongdoer without any
consideration but a release executed under mistake or in ignorance of right or obtained of fraud is not binding.

Judgement

This is substantially the rule of res-juricata u/s 11 of the CPC when once a suit has been filed and decided a second suit
cannot be filed on the same cause of action. More than one action will not be lie on the same cause of action.

Date 27.10.2023
Acquiescence

In acquiescence, the tort is discharge due to the plaintiff own in action or failure to enforce their rights within a reasonable
time e.g., A fails to enforce their right against B for an extended period they by waiving with liability.

Law of limitation

The basic principle is that tort actions are subject to a six year limitation period from the date on which the cause of action
was aggravated however there are few exceptions the relevant period is three years in action in tort for damages for
person injury.

Mental element in tortious liability

Assault, battery, false imprisonment, deceit, malicious prosecution (state of mind)

Date 28.10.2023
Trespass

Trespass to person

• Assault
• Battery
• False imprisonment

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Trespass to property

• Trespass to movable property

• Trespass to immovable property

Trespass to person :- A direct or an intentional interference with a person’s body or liberty.

Assault :- Assault is an act of the defendant which causes to the plaintiff reasonable apprehension (fear) of the inflection
of a battery on him by the defendant.

Essential of Assault (Assault is defined in IPC 351)

1. Some preparation or gesture constituting threat or force or intention to use force.

2. Reasonable apprehension to use force.
3. Ability and capacity to carry out the threat.

Date 30.10.2023
Battery mostly intention but in some cases un-intentionally.

Case law:- R Vs J. Geroge → unloaded gun shown to plaintiff and apprehension created

Case law :- Stenly vs Powell

False imprisonment

Wrongful detain, 1) total restraint on the liberty of the person 2) There should be without any lawful justification.

Total restraint

Total restraint and partial restraint are in crime but in tort total restraint is only considered. Under the law of tort, unless
it is a total restraint it is not false imprisonment.

To constitute false imprisonment, a person must have been completely deprived of his liberty to move beyond certain
limits.

The duration of false imprisonment may be short to constitute a tort.

Knowledge of plaintiff

Case law :- Neeraj v. Grahame Vs Grahame white aviation company.

Date 31.10.2023
Remedies for Damages

Action for Damages :- Compensation in terms of money.

Self-help:- try to escape

Habeas Corpus :- this is the remedy provided article 32 i.e. legal rights violation

Case law: Bhim Singh v state of J&K

Date 02.11.2023
Distinguish between Tort and Crime

Crime means it is a wrong against society and identified by state i.e., murder or rape.

Tort is an infringement of civil rights commit against individuals e.g. trespass, negligence, assault, battery etc.

Similarities between Tort & Crime :- like assault, battery, defamation.

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How to identify Crime / Tort

If any wrong affect on society, then it is a crime.

If any wrong affects on individual then it is a Tort.

Classification of law

Crime gives rise to criminal proceeding.

Tort types of civil wrong give rise to civil proceedings.

Object

Object of crime :- to maintained law and order

Object of Tort :- To protect rights of a person or individual.

Codification

Law or crime is codified law.

Tort is an uncodified law.

Violation of Rights

Crime is a violation of public rights.

Tort is a violation of private rights.

Impact

On Crime :- Public or entire society, got scared or fear due to crime e.g. murder.

On Tort :- its huge impact on individuals.

Intention

Intention is generally relevant in crime but in some exceptional cases not intentionally.

Intention is generally not relevant in tort.

Name of the parties

Crime :- offended party and another party state.

Tort :- who committed wrong i.e., wrongdoer and ither person in plaintiff.

Remedy

Crime :- Offended given sentence or fine.

Tort :- Defendant has to pay compensation and damages decided by court.

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Date 03.11.2023
Mayhem

Battery :- means when a person intentionally used a force against another person without lawful justification is called
battery.

Mayhem

1. Amongst all the personal injuries the most dangerous injury called mayhem.
2. Mayhem means the injuries causing no death on individual is called mayhem.
3. When there is a injury to the fighting limb of a person called mayhem.
4. The test of mayhem is hurt on any part of a man’s body whenever he became disable in fighting or defending
himself.
5. The cutting of ears or nose would amount to disfigurement and not the cost of fighting limbs therefore it is battery
only.

Date 04.11.2023
TRESPASS

1. Trespass to property
2. Trespass to immovable property
3. Trespass to movable property

Trespass to immovable property

Trespass to land

Immovable property means land includes the soils, any fixtures permanently attached to the land e.g. house, wall, pole
etc., also the air space above the land and ground below upto a reasonable height & depth.

Trespass is direct interference with possession or engagement of land of another =. Interference could be by a person
himself or by the some other material object.

indirect interference :- tree branches goes in another property. This matter called as nuisense not a trespass.

Trespass VOID AB INITIO

Entry with License

Date 06.11.2023
Remedies

1. Re-entry :- wrong possession taken by wrongdoer or defendant in this reasonable force apply by plaintiff to
dispossess the wrongdoer i.e. re-entry.
2. Action for ejection :- Section 6 of SRA 1963 gives speedy remedy.
3. Action for mesne profit :- Wrongful or by mistake possession of land and he stays for long may be more than five
years
4. Distress damages pheasant
5. Movable property

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Date 08.11.2023
Trespass of goods, definue and conversion

Direct physical interference with the movable property in the plaintiff possession constitute trespass to movable property.

Case law :- Armery vs Delamire

It is wrong against possession jus terti.

Without lawful justification

Date 09.11.2023
Defamation

This is unlawful action. Defamation is injury of a person.

Libel means publication of a false and defamatory statement in some permanent forms e.g. writing, picture, image, statue
etc., these all are the examples of libel and is in permanent form of address to EYE. Few more example w.r.t. eyes :- node,
wink, shake of the head and smile.

Case law :- Balram vs Sukhsampatlala

In this case the plaintiff was a property broker and defendant were Lok Jeevan Daily News Paper editor. He has published
or advertise in his news paper that property deals or transactions doing with fraud, as defamation plaintiff has filed a suit
as defamation. Civil court said defendant is liable in this case of defamation.

Slander

It is a false and defamatory verbal or oral statement on non-permanent from tending to injure the reputation of another
without lawful justification or excuse. Slander is not in written form and its address to ear.

Exception :-

The figure languages of Deaf & Mute which though visible to the eye and not audible to ears is slander. Shown through
eyes but include in slander due to this came as an exception.

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