Origin and development of tort:

• Torts is a civil law which is not codified

• Not codified means its not written anywhere, therefore there are no articles or sections
• The word tort has been taken from latin word tortum, which means twisted act, which means wrong act done by someone.
• Tort is civil wrong therefore it is a private wrong
Tort = private Wrong
Crime = Public wrong (where state and society are also affected)
• Tort is a civil wrong which is not a breach of contract or a breach of trust
• Tort or wrongful act is called tortious act and the person committing the tort is called tort-feaser
• the main source of a law of tort is the common law of England which is based on decided cases.
• Law of tort in India is based on common law of England. The common law of England was established by the courts in hundreds of cases
decided on the issues of violations of legal rights.
• While applying the rules in India, courts always keep in mind that the rules must be reasonable and suitable to Indian conditions.

Essential Elements of Tort

• Every wrongful act does not become a tort case, for any act to become a tort case, three essential elements are required
1. A wrongful act has been done by a person (the defendant)
2. wrongful act has caused violation of legal right of the plaintiff which may or may not have caused damage to him
3. Legal Remedy is available for such breach of legal right or damage

1. The defendant has done something which is wrong

• it is assumed that every person living in the society has a duty to deal with others with care. Every person owes a duty of care to another and
if due to his carelessness, a legal right is breached with or without damage, then tort is committed

2. Wrongful act has caused violation of legal right of the Plaintiff (it is understood with the help of two Maxims)

Injuria Sine Damnum Damnum Sine Injuria

It means damage without Injury.

It means Injury without damage. Injury means violation of
Legal right of someone has not been violated but damage
legal right of someone. Legal right of someone has been
has been caused to him
violated but no damage has been caused to him
•Important case related to ‘Injuria sine Damnum’ is Ashby Vs. White case (when an election officer prevents a person from exercising his right to vote)
• In tort if there is Injuria sine Damnum, then there is legal remedy available for it. It means if your legal right has been breached, you will get the damages
even if you have not suffered any loss
• If there is Damnum sine Injuria, then there is no legal remedy available for it. It means if your legal right has not been breached, you will not get damages
even if some damage (loss) has been done to you. (Case of Glukoster Grammar School)
3. Legal Remedy is available for such breach of legal Right

‘Ubi Jus ibi Remedium’

(where there is a right, there is a remedy, example of person walking on railway line has not right…….and ……..police officer entering the house to
arrest any person, then person does not have any remedy under tort for trespass)

Difference between Tort and Crime

Tort Crime
1. Tort is a private wrong. It affects the individuals 1. Crime is a public wrong. It affects the Society
2. Tort is a less serious offence 2. Crime may be a more serious offence
3. Individual party (that is the Plaintiff) takes action in tort 3. State (police) takes action in Crime
4. Standard of proof is preponderance of Evidence 4. Standard of proof should be ‘beyond reasonable doubt’
5. Judicial or extra judicial remedies are given in tort 5. Punishment and fine to the convict
6. Wrong doer in tort case becomes tort feasor and it is called civil 6. Wrong doer in crime becomes guilty and it is called criminal liability of
liability of the tort feasor the guilty

Difference between Tort and Breach of Contract

(both are civil wrongs and private wrongs, there are differences)
1. Duty is imposed on persons by law 1. Duty is undertaken by parties to the contract
2. Related to all (Right in rem) 2. Related to parties to the contract (right in personam)
3. Arises from breach of duty 3. Arises from breach of contract
4. Applicable on minors also 4. Agreement with a minor is void
5. Third party can sue in the contract 5. There is ‘Privity of Contract’
6. Unliquidated damages 6. Damages could be both liquidated as well as unliquidated, but
7. Intention may be important in tort largely these are liquidated
7. Intention is not relevant in breach of contract

Difference between Tort and Breach of Trust

• when a person (trustee) to whom we gave some duty and trusted him that he will do it, but he not done so out of negligence. It is called civil
breach of trust. If trustee does not fulfill his duty with wrong intention, then it is called criminal breach of trust
• Tort and breach of contract and breach of trust, all three are civil wrongs
• Therefore, definition of tort is a civil wrong which is not a breach of contract and breach of trust
 Remedies Available in Torts
• There are two kinds of remedies (solution, cure or relief) available in torts: Judicial and Extra-Judicial

Judicial Remedies
• Reliefs given by the Court are called Judicial remedies Injunction:
• the court provides remedy when Plaintiff brings a suit of tort
against defendant Injunction is a Court order to do something or not to do something. Kinds of
• Judicial remedies which can be provided are: Injunction are:
1. Prohibitory Injunction ( Order to prevent someone from doing something;
i) Damages e.g. construction of a wall)
ii) Injunctions 2. Mandatory Injunction ( Order to compel someone to do something; e.g. to
iii) Restitution of Property fulfill one’s duty in a contract)
3. Temporary Injunction ( Court order to do something or not to do something
Damages for temporary period of time)
( Damages means pecuniary or monetary compensation) 4. Permanent or perpetual or perennial Injunction ( Court order to do
something or not to do something permanently)

Liquidated Damages Unliquidated Damages Restitution of Property

Returning the property (whether movable or immovable) to its real owner

Liquidated Damages
 Value of monetary compensation which is known in advance.
 Liquidated damages are found in contract cases
Unliquidated Damages
 Value of monetary compensation which is not known in advance.
 In Tort cases, there are unliquidated damages
Kinds of Damages
1. Contemptuous Damages (very less compensation to
prevent Plaintiff from bringing unnecessary cases)
2. Nominal Damages (less compensation, when there is no
monetary loss but still legal right has been breached)
3. Ordinary Damages (Compensation for whatever loss is
there, weather monetary or otherwise)
4. Exemplary Damages ( a kind of deterrent for others)
5. General & Special Damages (when a person has suffered
some special damage apart from general damage with other
people)
Extra-Judicial Remedies
 Reliefs or solutions which are not given by the Court
 the aggrieved party can take law in his own hand and give solution to himself,
rather than taking the case in Court
 Extra-judicial remedies are also called self-help remedies
 Extra Judicial remedies are of following kinds
i) Self Defence
ii) Expulsion of a trespasser (it means to remove the intruder from our
property)
iii) Re-entry on own Land
iv) Abatement of Nuisance (it means reduction or removal of nuisance by the
aggrieved person after giving warning to the wrong doer)
v) Distress damage feasant: A self-help remedy that permits the owner of the
land and to impound a chattel which has wrongfully entered on his land as
a security for the payment of compensation for damage caused by it.
 General Defenses in Tort
• when plaintiff brings a tort case against the defendant, then there are certain
defenses or excuses which are available to the defendant. These are:
Exceptions (when the defendant can not take this defence
1. Volenti non fit injuria (defence of consent) defendant can’t take defence of ‘Volenti non fit injuria’ in following
2. Contributory Negligence & last opportunity rule situations
3. If plaintiff is the wrong doer 1. When plaintiff has given consent out of compulsion or fraud
4. Inevitable Accident 2. Negligence (when defendant has done the act negligently) (exp. Of
5. Act of God doctor ……and……cinema owner)
6. Private defence or Self defence 3. In rescue cases (when plaintiff suffers injury while saving someone
7. Mistake from imminent danger created by the defendant)
8. Necessity
9. Statutory Authority
2. Contributory Negligence & Last opportunity rule
1. Volenti non fit injuria or defence of Consent
 The term ‘Contributory Negligence’ means an act of negligence in
When the plaintiff is aware that some loss may occur to him out of the act of which both the defendant and the plaintiff contribute. It means both
the defendant and he consents to it, then there is no remedy available are at fault.
to plaintiff in tort. The defence of ‘Volenti non fit injuira ‘ will save the  The defendant is entitled to take this defence in tort case, if the
defendant from liability (exp. Of doctor doing operation) plaintiff has contributed to the wrong act of the defendant (exp of
The consent could be of two kinds going on the wrong side of road)
 Last opportunity rule was developed in Davis Vs. Mann Case
Expressed consent Implied consent (case of donkeys), in this rule it was decided that in the situation
(Exp of doctor doing operation) (exp of football game) where both plaintiff and defendant do something wrong but a person
who had last opportunity to save the accident will be fully liable
under tort. Defence of contributory negligence will not work
 Therefore, last opportunity rule is an exception to the defence of
Essential conditions for taking this defence are:
Contributory Negligence
I. Consent of the plaintiff should be out of free will
II. Plaintiff knew about the risk
III. Plaintiff knowingly agreed to suffer such risk 3. When Plaintiff is the Wrong-doer
IV. Defendant has not caused loss or injury to plaintiff deliberately
 When the person who has filed a case is wrong himself, then he will
Important Case Law not get remedy under tort. The defendant will get the defence ‘Plaintiff is
Woolridge Vs. Summer Case the wrong-doer.
(a case when a photographer was taking pics of horse riders in a horse  This defence is based on two latin maxims
race. He did not get compensation because there was an implied
 ‘Ex turpi causa non oritur actio ( it means from immoral cause no
consent and he was not forced to do so)
action arises).
 ‘Nullum Commodum capre potest de injuria sua propia’ (it means
no one can take advantage of his own wrong)
 exp , when plaintiff is going on the wrong side……….
 Exp, electric current on the walls of the house and thief
4. Inevitable Accident
 An accident which can not be predicted or prevented even if
proper care is taken.
 (exp of case of bursting of car tyre which were worn out
tyres……..defendant could not get this defence because he could
have prevented accident by taking proper care)
 (exp of horse running at the barking of the dog………the
defendant got this defence)
5. Act of God
 act of God in Latin is called ‘Vis Major’
 To take this defence, the defendant has to prove following two
essentials:
i) act of God means an act of Nature independent of human intervention
ii) such act of nature or God can not be foreseen and if foreseen, can not
be prevented (exp of ceiling sinking towards neighbor house………it
depends upon the heaviness of rainfall)
Essential elements or conditions to take this defence
 the necessity should not arise out of the negligent act of the
defendant
 there must be real or imminent danger to the person or property
 first preference should be given to save human life than the
property
8. Statutory Authority
Essential elements or Conditions to take this defence
i) The plaintiff has suffered injury because of an act of a govt. authority
ii) Such act has been authorized by the Parliament
iii) Such injured person can take that remedy which is provided in the
act itself (not remedy in tort)
 exp of train causing injury to someone due to noise, smoke or vibration
etc.
 exp of govt. officials demolishing illegal buildings

6. Private Defence or Self-Defence 9. Defence of Mistake

 Law permits use of reasonable force to protect one’s person or property
 Mistake is not a strong defence in any tort case, because general
 it should not be an excessive force. Force used should be proportionate
principle is that ‘ Mistake of fact is excusable but mistake of law is not
to risk involved.
excusable’.
 (exp of protecting house from trespassers by putting broken glass
 Defendant can say that he did the act honestly and innocently but
pieces on wall……..rather than putting live electric wire on it.
mistakenly
 In most of the cases, this defence does not work and is set aside by the
7. Defence of Necessity court
 this defence is based on the maxim ‘Salus Populi Suprema Lex’, which
means the welfare of the people is Supreme law
 welfare of the community comes first compared to individual welfare
 to prevent greater harm, slight harm is permitted
 example, operation by doctor without consent of the plaintiff during
emergency
 example of fire brigade extinguishing the fire at plaintiff’s house where
his neighbor(defendant) came and started extinguishing fire with bucket of
water and in doing so damaged the property of plaintiff…………the
defendant was held liable because there was no necessity)
 Vicarious Liability

 Qui facit per alium facit per se. (It means one who acts through
another acts through himself). 3. Master and Servant
 When a person is held responsible for the act done by some other
Master is vicariously liable for tort committed by his servant. But 2
person, its called Vicarious Liability
essential conditions must be fulfilled
 For example master is liable for the acts done by his servant. In this i) The tort is committed by servant
example we will say that a master is vicariously liable for the act of ii) Servant Committed tort during the course of his employment
his servant.
 Vicarious liability arises when there is relationship between two Latin Maxim
person
 The relationship can be in the form of: Master’s Vicarious liability is based on latin maxim ………’
Respondent Superior’…….it means let the superior or powerful
1. Principle and Agent
person be liable
2. Partners of partnership firm
3. Company and its directors Who is a servant
4. Master and Servant
5. Parent (Guardian) and child A servant is a person who works under the direction and control of
6. Husband and Wife his master, therefore independent contractor is not a servant.
For example my private driver is my servant, but if I hire a taxi, then
Note- In these relationships, both of them are Joint Tort Feasors and their he is not my servant
liability is Joint as well as serveral (several means they are liable in I will be responsible for the act of my driver, but not for the act of the
their individual capacity) driver whose taxi I have hired
4. Principal and Agent
 but there is one exception, wherein Master is held liable for the act done
 Principle is the person who employs another person not as an by an independent contractor. This is in case of Strict Liability
employee, but as an agent to act on his behalf as per his  When a person lends his servant to another, then who will be
instructions responsible for the tort done by servant. In this case, a rule will apply, that is
 Agent is a representative of principal, acts as per his instructions that the person who has given training to the servant what to do and how to
and derives authority from the Principal do, will be held responsible for this act.
 Principal is vicariously liable for the acts done by his agent because  during the course of his employment means, the master is responsible
agent is working as per the instructions his principal. for the act of his servant which he has authorized, not for the act which he
has not authorized
2. Partners of partnership firm
 Suppose there is a partnership firm and A, B, C are partners of this
business firm. ‘A’ does some wrong with Ram Lal in his capacity as
a partner of firm. B and C , both will be vicariously liable for the act
of A. Ram Lal can sue all the partners for damages
 Vicarious Liability of State

 Vicarious liability of State means when State (Union Government or the State Government) is responsible and liable for the acts done by its
government employees
 Article 300 of Indian Constitution gives reference about Vicarious liability of the State. Article 300 says that the Government of India may sue
and be sued on the name of ‘Union’ and the government of the State can sue and be sued by the name of the State

Exceptions to the rule of ‘Vicarious Liability of State’

1. Sovereign act of the State
2. Judicial Acts
3. Acts of defence forces in relation to defence of country and maintenance of law and order

Important Cases
4. State of Gujrat Vs. Memon Mahomed (State is bailee after seizure)
5. PUDR Vs. Police Commissioner (innocent victums of police firing)
6. Sebastian hongray Vs. UOI (Disappearance in Military Custody)
7. Bhim Singh Vs. J&K and Rudal Shah (wrongful detention)

No Fault Liability
 in tort, liability of the defendant arises when he has done something wrong or due to his fault, a damage or breach of right of plaintiff has occurred.
 but there could be a situation, when defendant has done no wrong, still he is held liable in a tort case. This is called no fault liability.
 There are two topics under ‘no fault liability’……….Strict Liability and Absolute liability

Essential Elements of Strict Liability

 principle of Strict liability was established in Rylands Vs. Fletcher case
1. Some dangerous thing has been brought by a person on his land
 Rylands and Flecher, both were neighbors. Rylands was running mines 2. It was a non-natural use of land
in his place and Fletcher was running mill. Fletcher made a reservoir of 3. Such dangerous thing had escaped from land and caused damage to
water in his place with the help of some independent contractors and some one.
engineers. But the reservoir burst and water went into Rylands mines.  If these elements are proven in the court, then Defendant will be held
 Fletcher took the defence that it was not his fault because reservoir was liable under Strict Liability even if it was not his fault
made by independent contractors who were not his employees. He gave Exceptions to Strict Liability
contract to them and they did not do their work property. It is their fault
 The Defendant can use these exceptions as defenses
 But the judges held that even if it is not Fletcher’s fault , he was held 1. Plaintiff’s or Claimant’s fault
liable to pay damages. 2. Act of God (natural event which can not be predicted and controlled)
 From this decision, the concept of strict liability evolved 3. Volenti non fit Injuria (defence of Consent)
4. Mutual benefit
5. Act of Stranger or third party
6. Statutory Authority
 Types of Tort

Intentional Torts Negligent Torts Strict Liability Torts

1. Assault. 1. Contributory Negligence 1. Consumer Products Liability

2. Battery. 2. Comparative Negligence 2. Hazardous or Dangerous activities
3. False imprisonment or Wrongful 3. Composite Negligence 3. Keeping wild animals
imprisonment. 4. Gross Negligence
4. Conversion. 5. Vicarious Negligence
5. Intentional infliction of emotional
distress (also called nervous
shock)
6. Nuisance
7. Fraud/deceit.
8. Trespass
9. Defamation
 Assault
 Assault is a tort (civil wrong) as well as Crime
 therefore, when assault is committed against a person, then he can
bring a civil suit and also a criminal case against the accused
 In civil suit, he will ask for damages (compensation); in criminal suit, he
will ask for punishment for accused.
 Section 351 of IPC deals with assault
 Assault is that act (including gesture or preparation) of a defendant
which creates fear or apprehension of attack in the mind of another person
 In assault, actual contact or use of force is not necessary and mere
attempt to use force or threat to use force is sufficient to constitute assault
 the offence of assault is complete, when these three ingredients are
fulfilled:
i) There is threat of use of force or violence
ii) Because of such threat, there is reasonable apprehension or fear in
the mind of other person
iii) Defendant has ability to carry out such threat
False Imprisonment or Wrongful Imprisonment
 Every person in a civilized state enjoys the right of Liberty
 Every one has a right to movement
 False imprisonment is a total restraint of the liberty of a person without
lawful excuse and justification
Elements of Wrongful Imprisonment (Confinement)
i) Intentional Confinement of the Plaintiff by the Defendant, not the
accidental confinement
ii) Total Confinement (plaintiff has no other means to escape; if other
means of escape is there, then it is dangerous and risky)
iii) Confinement is without lawful justification (for example, if a thief is
locked in a room, then it is not wrongful imprisonment
iv) If some one is confined or imprisoned on suspicion, then it should be
reasonable and solid suspicion

Battery Defenses available to the Defendant

 Battery is a tort (civil wrong) as well as Crime 1. Self defence
 Battery means actually attacking another person or touching him or 2. Consent of Opposite party
using force against him in rude, angry or revengeful manner and against his 3. Statutory Authority
will or consent
4. Detention of a minor or unsound person by parents or guardian
 Section 350 of IPC deals with battery under the term of Use of criminal
force’ 5. Detention of a person under Preventive Detention Act to maintain peace

 Essential Elements of Battery:

i) Use of force
ii) Physical hurt may not be there
(spitting, throwing water, pulling chair come under battery)
iii) Such use of force is without any lawful justification. Therefore,
following acts are not held to be battery:

1) to feed the person on hunger strike forcibly to save his life

2) performance of operation on some unconscious person by a
doctor
3) Policeman arresting a person by applying force
 Fraud / Deceit
Conversion
Essential Elements of Fraud
 Conversion is a civil version of theft. I. The defendant knowingly made false representation of facts.
II. He made such false representation with the intention of inducing the
 when someone takes away our personal property (movable) from us
plaintiff to act on it.
without our permission, then in Criminal law, it is called theft and in Civil law,
III. The plaintiff relied on it and acted on it and suffered loss or damage.
it is called Conversion.
 In this situation, there will be two cases:
i. a criminal case of theft in which we seek punishment for accused.
nuisance
ii. second, a tort case of Conversion in which we will seek damages Essential Elements of the tort of Nuisance
from the defendant
1. Right to use or enjoyment of land by the Possessor
Difference between Conversion and Theft 2. Defendant has interfered in such use or enjoyment of land through
noise, pollution, smell, encroachment
There is one difference: 3. Such interference has caused inconvenience, discomfort or
annoyance to the Plaintiff
 Theft is always intentional to take away someone’s property, 4. Such Inconvenience, discomfort or annoyance has resulted into
whereas, conversion could be intentional as well as by mistake. For some damage to Plaintiff or his property
example, if the person takes away someone’s personal property by 5. And such interference is unreasonable
mistake, thinking that it is his property, then also it is tort of
conversion, though it is not theft Person who can not bring tort case of nuisance in Court
 But, if the person realizes in time that it was not his property and he
took it by mistake and returns the thing back to its real owner, then 6. Person who is not possessor of land
it would not be a tort of conversion 7. Guest

Kinds of Nuisance
Intentional infliction of emotional distress
 It is also called tort of nervous shock Private Nuisance
Public Nuisance
• It is an act which causes damage
 It is an act which causes
Essential Elements of IIED damage due to inconvenience,
due to inconvenience, discomfort or
annoyance to an individual or a
discomfort or annoyance to the
1. Defendant has done some act negligently or intentionally, which is group of individuals
general public……for example,
outrageous and reckless; and which a civilized person should not do • for example…..Noise from the
obstructing or blocking a highway
2. This act of defendant has given nervous shock or emotional distress neighborhood, or tree branches
 Public Nuisance is both a tort
to the Plaintiff coming into my courtyard
as well as Crime
• Private nuisance is a tort
 Trespass

Trespass to Land or Immovable Property Trespass to Goods or Chattel

Essential Elements of Trespass Essential Elements of Trespass

I. The Plaintiff has possessory rights in some property (possessory I. The plaintiff has possessory rights over goods which he owns (the
rights mean no one can enter the property which he possesses possession could be actual or constructive)
without his permission)
II. The defendant has interfered Plaintiff’s possessory rights by taking
II. The defendant has interfered Plaintiff’s possessory rights by away goods from his possession or by causing loss or damage to
unwarranted entry by himself or by some object (unwarranted goods
means unauthorized or uninvited)
III. The act of the defendant is a voluntary act
III. The entry is voluntary act of the defendant
IV. Defendant may or may not have bad intention
IV. Defendant may or may not have bad intention
V. The Plaintiff may or may not have suffered loss or harm
V. The Plaintiff may or may not have suffered loss or harm
Examples are: shooing away animals, taking animals, throwing stone on
Examples are: Entering the land or property, remaining on land car, removing tire, poisoning meat etc
unauthorized, throwing stones, driving nails, leaving debris, allowing
cattle to stray on other’s land
Defenses for trespass to Land
Nature of trespass to Land:
VI. Prescription: (authorized parking of car)
VI. Trespass is a wrong against possession not against ownership
VII. Licensed or authorized entry
VII. Trespass is actionable per se
VIII. Authority of Law: (for search, arrest or possession etc.)
VIII. Trespass ab initio
IX. Act of Necessity
X. Self defense
Actual Possession: direct physical control over a thing
XI. Re-entry on land by the real owner
XII. Retaking of own goods or chattels
Constructive Possession: not direct physical control but still having
possession….for example rights of bailee, or car owner over things XIII. Abatement of Nuisance (the reduction or removal of a nuisance)
in car, or a servant possessing goods
 Defamation as a crime

Meaning:
Exceptions to Section 499
Defamation means injury to the reputation or character of a person
1. Imputation (accusation) of truth for public good
Kinds of Defamation
2. Public conduct of a public servant
3. Conduct of any person touching any public question

Libel Slander 4. Publication of report of proceedings of court

 Defaming somebody in permanent  Defaming somebody in non 5. Expression of opinion as to the decision of court
manner such as written words, pictures, permanent form such as spoken 6. Merits of public performance
statue words or bodily gestures.
 Libel addresses to the eyes  Slander addresses to ears 7. Censure passed in good faith by a person who has lawful authority
8. Accusation made in good faith to an authorized person
Nature of Defamation: 9. Imputation made in protection of interest of some other person
Defamation is a double wrong. It is a tort and it is also a crime under section 10. Conveyance of caution for public good
499 of IPC

Crime of Defamation:
Section 499 & 500 of IPC deal with the crime of defamation Punishment for Defamation

Explanations to Section 499: Section 500: imprisonment upto 2 years

Or fine or both
1. Defamation in respect of a deceased person ( in Civil suit of tort, there is
no defamation of a deceased person Case law:
2. Defamation in respect of a company or an association or a group of
persons State of Maharastra V. Anna Hazare
3. Defamation in respect of an innuendo (in this case Anna Hazare made allegation of corruption against a
4. Defamation in respect of a fallen reputation minister of Maharashtra Govt. Govt put the case of defamation and Anna
Hazare was held guilty and was imprisoned for a term of 2 months)
 Defamation as a Tort

Essential Ingredients / Elements of Defamation Defenses against Defamation

The defendant has got following defenses in order to defend himself in the
1. The Statement must be defamatory……….(the Statement could be
defamation suit brought by the Plaintiff
directly defamatory or it could be an Innuendo………Innuendo means a
1. Truth or Justification
statement which looks innocent but have defamatory meaning. For
2. Fair or bonafide comment……(fair or bonafide comment means honest
example if we say that this woman is pregnant ……..but she is
criticism made for public good……..it should not be a personal attack on
unmarried (specially in Indian context)……….or any sarcastic remark
somebody)
such as introducing a corrupt person as the most honest person)
3. Privilege
2. The Statement must refer to the Plaintiff ………….general statement
about a class is not a defamation……for example a statement that ‘all
lawyers are thief’ is not a defamation
Absolute Privilege Qualified Privilege
3. The Statement must be published (published means a third person i) Parliamentary Proceedings… When the defendant makes
must read the statement in case of Libel…………and a third person (MPs under article 105 and MLAs the statement honestly and
must hear the statement in case of Slander) under article 194 enjoy absolute carefully…..
• Exception of Husband and Wife, which means when a person defames privilege for what they say in the
somebody in front of that person’s wife, then it is not defamation Legislature Exp 1. – creditor makes a
because in the eyes of Law, husband and wife are considered one ii) Judicial Proceedings… Judges, statement about the financial
person counsels, witness and the parties condition of his debtors to
have privilege not to be sued for another creditor
whatever they say during judicial Exp2. – Companies giving
proceedings feedback about their ex-
iii) State communication employees
(confidential official conversation
between government officials)
 Negligence

 Negligence is commonly known as carelessness Composite Negligence

Essential Elements of Negligence
I. The defendant had a legal duty towards plaintiff. (it should be legal
duty not religious or moral or social)
II. The defendant was careless and he breached his legal duty out of
this carelessness
III. This carelessness of defendant resulted into loss or damage to the
plaintiff
Defenses available to the Defendant
1. No liability of defendant when injury is not foreseeable
(for example, when a driver of a transport company died from heart
attack while driving the bus), here the transport company could not
foresee the sudden death of the driver
2. Contributory Negligence (it means both defendant and plaintiff are at
fault. Defendant was negligent, but at the same time Plaintiff was
also negligent. Both are tort feasors and both have contributed into
the loss or damage
(for example, plaintiff himself is going on the wrong side of road or a
person travelling on roof of the bus)
Contributory Negligence and Last Opportunity rule
Composite negligence means when there is contributory negligence
of both plaintiff as well as defendant and due to their negligent act, a
third person has suffered injuries.
Gross Negligence
It means total and big negligence on the part of defendant (the
wrong doer). This is considered a totally wrong act and defendant
can not escape the liability
Vicarious Negligence
It means when a person is responsible for the negligent act done by
another person
Principle of Res Ipsa Loquitor
 Res Ipsa Loquitor means ‘things speak for themselves’. It means the
facts or circumstances shown by the Plaintiff is clear cut proof of
negligence (which is clearly visible and which need not to be proved)
 For example, a brick from neighbor’s window falls and injures
someone.
 If there is Res Ipsa Loquitor, then burden shifts on Defendant to
defend himself.

Last opportunity rule means who is the last person (plaintiff or the Essentials of Res Ipsa Loquitor
defendant), who could have taken care and saved the
accident…….example of donkey case. I. the thing causing the damage must be under the control and
management of defendant
Comparative Negligence II. Accident is such in which common sense tells that accident has
happened due to negligence of defendant
When there is contributory negligence and plaintiff gets the III. No explanation by the Defendant
compensation according to the portion of negligence by defendan
 Strict Liability Torts

 Strict Liability means the defendant would be liable to pay even if he has
taken proper care and his intention is not to harm any body

1. Consumer Products Liability

This is legal responsibility imposed on a business for the manufacturing or

selling of defective goods

Essential Elements of Consumer Products Liability

I. The defendant is a businessman or commercial entity

II. The defendant has manufactured or sold dangerous or defective
products
III. Such product has caused injury or loss to the product user

Defense available against Consumer Products Liability

When the plaintiff (the consumer) misuses the product and as a result
suffered loss

2. Hazardous or Dangerous Activities

If a person who keeps or transports hazardous or dangerous or risky

material which may cause harm to people, then he will be liable to pay
even if he took proper precautions and safety measures

3. Keeping wild animals

Keeping wild and dangerous animals in the premises can also raise strict
liability if they harm someone.
 Nature of Defamation:
Defamation is a double wrong. It is a tort ( a civil wrong) and it is also a crime under
section 499 of IPC

Exceptions to Section 499

Crime of Defamation:
1. Imputation (accusation) of truth for public good
Section 499 & 500 of IPC deal with the
2. Public conduct of a public servant
crime of defamation
3. Conduct of any person touching any public
question
Explanations to Section 499:
4. Publication of report of proceedings of court
1. Defamation in respect of a deceased 5. Expression of opinion as to the decision of court
person ( in Civil suit of tort, there is no 6. Merits of public performance
defamation of a deceased person 7. Censure passed in good faith by a person who
2. Defamation in respect of a company or has lawful authority
an association or a group of persons 8. Accusation made in good faith to an authorized
3. Defamation in respect of an innuendo person
4. Defamation in respect of a fallen 9. Imputation made in protection of interest of
some other person
reputation
10. Conveyance of caution for public good

Punishment for Defamation (Section 500)

Imprisonment up to 2 years Or fine or both