Cs Shubham Modi 8087676157: Definition

CS SHUBHAM MODI 8087676157
Introduction:-
Torts is French word derived from Latin word ‘Tortum’ which means ‘Wrong’. But every wrong or
wrongful act is not a tort.
Definition:-
Torts may be define as a civil wrong which is other than a mere breach of trust.
Condition of Liability for Torts:-

Wrongful Act + Legal Damage +Legal Remedy= Tort
1) Wrongful Act: - anything which is wrong in eyes of law is wrongful act.
2) Legal Damages: - This is the damage which law must recognize
a) Injuria Sine Damnum :- ( injury without damage) infringement of an absolute private right
without any actual loss or damage.
Case Law:-Ashaby vs. White (1703) [it is tort]
b) Damnum Sine Injuria :- ( damages without injury) damages without breach of a legal right
Case Law: - Glocester Grammar school case (1410) [It is not a tort]
➢ Case law Glocester grammar school case
Loss of money due to competition
Injuria Sine Damnum:-
4.1
➢ Infringement of absolute private right without any actual damages or loss is Injuria sine
Damnum.
➢ Case law Ashby vs. White
Candidate was refused to give vote amounts to infringement of legal right
Men’s Rea :-( guilty mind / wrong intention) actus non facit reum nisi mens sit rea means act
itself create no guilt in the absence of guilty mind. This is not applicable in case of torts (Following
Cases)
Kind of Tortious Liability

A) Strict or Absolute Liability:-
(1) Strict Liability: - strict liability has its origin in the case of ‘Rayland’s vs. Fletcher’
‘defendant were in no way negligent but though they held liable on basis of rule laid down in
case’. As per rule of strict liability, if defendant bring or accumulates on his land something which
likely to escape and do mischief, then he has to compensate for damages caused irrespective of
any carelessness on his part.
This rule applied to water gas, electricity, explosive etc.
Exception: -
1) Damage due to natural use of land.
2) Act of god.
3) Consent of plaintiff.
4) Act under authority of statute.
5) Plaintiff’s own default 6) Act of third party.
(2) Absolute Liability :-
a) Court held that rule of Rayland’s vs. Fletcher did not fully meets the need of modern industrial
society and so evolved a new a new rule of ‘absolute liability’.
b) More strict rule was laid down by Supreme Court in case M. C. Mehta vs. Union of India
c) Court pointed out that enterprise cannot escape liability by showing that it had taken all the
reasonable care and there was no negligence on its part.
d) New rule in Mehta’s case is not strict. But absolute and in subject to no negligence own.
e) It is applicable to Dangerous and Hazardous Industries
B) Vicarious Liability:-
Normally, tortfeasor is liable for his tort but in some case, a person may be held liable for tort
committed by another. Sometime such liability arises from relation existing between.
I. Master and Servant: -

master and servant will liable for wrongful act of servant committed in course of his
services. If servant acted against express instruction , but for benefit of master then also
master is liable
4.2
II. Principle and Agent: -

Any act by agent in course of his duties as agent held principle liable. But agent should
work within Authority.
III. FirmAndPartner :-
Any tort committed by one partner, liable other also as guilty partner. Liability of partner
is joint and several.
IV. Employer and Independent Contractor: -
independent contractor is not controlled by employer unlike servant, so employer is not
liable for acts of Independent contractor.
V. Where Employer Is Liable For Acts Of Independent Contractor in following cases
1. Where employer authorised him to commit tort, 2. Tort of strict liability & 3.Negligence
of independent contractor.
Wrong to personal safety and freedom:-

a) Battery: - international application of physical force.
b) Assault: - no actual force but apprehension in plaintiff’s mind that force may be used against
him, is an assault.
C) False Imprisonment or Wrong Confinement: -
confinement of a person is an imprisonment and it has been done without any lawful manner is a
false impressment.
D) Malicious Prosecution:-
• If an accused getting final decision is his favour he can file a suit for damages on basis of
his malicious prosecution.
• For applicability following condition should be satisfied
1. Must have been prosecution by defendant of plaintiff.
2. Must have been want of reasonable cause of that prosecution.
3. Defendant must have acted maliciously.
4. Due to prosecution, plaintiff must have suffer damages.
5. Prosecution must have terminated in favour of plaintiff.
E) Defamation:-
• False statement, affecting reputation of other without any just cause or excuse.
Method of defamation:-
• Slander: - verbally harming reputation of person with information which is wrong or

false. This include not only word but also gesture. E.g. spoken words, gestures etc.
4.3
• Libel: - relatively permanent and fix mean to harm reputation of person. E.g. - libel has
served punishment then slander.
• Section 499 – IPC both are criminal acts and punishable
Conditions:-
1. Statement must be defamatory.
2. Statement must be false
3. Statement must be for plaintiff.
F) Nervous Shock:-
• When a person is injured merely by nervous shock.
• May be due to he has seen or heard something.
• Some injury or illness must take place then only it will be treated as tort.
G) Bodily Harm:-
• Wilful act defendant.
• Causing physical harm to plaintiff
Remedies in tort:-
1) Judicial Remedies:-
Damage /compensation.
Injunction
Specification restitution of property
2) Extra Judicial Remedies:-
a) Self-defence - person can use reasonable force to protect himself. Or against any person who
using force unlawfully.
b) Prevention of trespass: - authorise person may use reasonable force to prevent trespass
entering or to eject them.
3) Re-Entry on Land:-
➢ Person who wrongfully disposed of land may retake possession of land if he can do so in
peaceful and reasonable manner
4) Recaption:-
➢ Person is entitled to take goods either peacefully or by use of reasonable force against, who
wrongfully taken or detained it.
5) Abatement of Nuisance:-
➢ Occupier of land may lawfully abate (terminate) any nuisance injuriously affecting it.
4.4
6) Distreet Damage Feasant:-
➢ Occupier may lawfully ceases anything is unlawfully in his lad doing damage there also can
detained them until compensation is paid for damages
SELFNOTES-
4.5

Cs Shubham Modi 8087676157: Definition

Uploaded by

Copyright:

Available Formats

Cs Shubham Modi 8087676157: Definition

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Cs Shubham Modi 8087676157: Definition

Uploaded by

Copyright:

Available Formats

CS SHUBHAM MODI 8087676157

Condition of Liability for Torts:-

Injuria Sine Damnum:-

Kind of Tortious Liability

I. Master and Servant: -

II. Principle and Agent: -

Wrong to personal safety and freedom:-

• Slander: - verbally harming reputation of person with information which is wrong or

2) Extra Judicial Remedies:-

6) Distreet Damage Feasant:-

You might also like