LAW OF TORTS

BY TWINKLE MAHESHWARY
MEANING OF TORTS

TORTUM
(Latin
Word)

TORT TO TWIST
(WRONG) (Meaning)
 TORT

CROOKE UNLAWF
TWISTED
D UL
 For which you
get
Tort is a Civil Wrong Unliquidated
Damages
 CIVIL WRONG

TORT CRIME
• Civil Suit • Criminal Prosecution
• Private Wrong • Public Wrong
• Compensation • Punishment
• Plaintiff • Damages
 UNLIQUIDATED DAMAGES

TORT CONTRACT
• Unliquidated Damages • Liquidated Damages
• No such concept as privity • Privity of Contract
• Duty imposed by Law • Duty imposed by Parties
INSTANCES WHERE BOTH TORTS AND
CRIMINAL ACTIONS MAY LIE

DEFAMATION

ASSAULT

BATTERY
INTANCES WHERE BOTH TORT AND
CONTRACT ACTIONS MAY LIE
Mr. A

Walking on
Railway Track

Get Hit by the Train, due to the

negligence of the Driver
 ESSENTIALS OF TORTS
• Every Wrongful Act is not a Tort and to constitute Tort the following three must be present-

Wrongful Act or
Legal Damage Legal Remedy
Omission
• Infringement of • Injuria Sine Damnum • Ubi jus ibi remedium
Private Rights • Ashby v. White • Ashby v. White
• Right of reputation • Damnum Sine Injuria
• Right of bodily safety • Gloucester Grammar
and freedom School Case (1410)
• Right of property
 QUESTIONS
• A hired a bicycle from B which was manufactured by M/s M. and
Sons. A fell down and got hurt due to the defect in the brakes of the
bicycle. A files a suit claiming damages from B and M/s. M. and Sons.
Decide giving reasons
• A while going back to his house faces a huge traffic, he sees B’s farm
on the roadside and decides to drive through the farm of B to avoid
traffic to his house. B had a beautiful garden and he grew his own
vegetables in the farm which were destroyed by A’s action and
therefore wants to claim damages. Advice.