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As a
result of the wrong doing, the injured person may take civil action against the other party.
When a person has a legal duty to perform and if he fails to perform, then he can be made liable. Eg.
Banana leave thrown in roadside result fall down by other.
Essential Element of Torts:
1. Act or omission by wrongdoer/defendant.
2. Legal right to the plaintiff affected by the defendant.
Boy done act.
Girl fallen & injured.
Girl can file CIVIL case under Tort for the wrong done by the boy’s act.
Here,
Girl is a plaintiff (who is the injured party files case)
Boy is a Defendant (who needs to defend the case against him). He is also called Tortfeasor
(Wrongdoer).
Types
1. Intentional Torts
2. Negligence Torts
3. Strict liability Torts
1. Intentional Torts
Intentionally committed against another with the aim of causing harm. Eg.
Assault – make threats.
Battery – harm using physical contact.
Fraud
False imprisonment
Trespassing – enter once place without their permission
Invasion ( forcibly enter) of privacy
2. Neegliggennce Torrts
‐ fails to
o take pro
oper care to avoid h
harm to other.
causing an accident byy failing to o obey tra
affic rules (rash drivving).
3. Strict liability Torts
liability on a party without a finding of fault. Examples as follows..
Cricket ball hit the audience in cricket ground.
Bat hitted keeper in playing baseball
Case law for strict liability of tort:
Fletcher gave contract to build reservoir to the contractor and he did it. Later, Fletcher’s reservoir
burst results water trespassed into neighbour Ryland’s Mine and filled the mine with water. All
happened inside the land and no one can identify it. Even though there was no negligence on part of
fletcher, there is was huge damage to the neighbour. Hence, court awarded to pay compensation to
Ryland by fletcher.
“Neighbour’s cow eats grass in our garden. There is damage to the gardener. So, neighbor is
responsible for compensation under strict liability of torts.”
Principals of Liability in Torts
Doctorine of Vicarious Liability – Liability of Master for the WRONGFUL
ACTS of his servant in employment.
Volenti non fit Injuria – “where there is consent there is no injury”. Eg.
But the consent must not be fraud.
In R Vs. Williams,
Where music teacher obtained consent to the 16 years old girl that the sexual intercourse will
improve her voice.
Patient admitted in hospital with his consent. So he can’t claim as he was wrongfully restraint.
In Brandon vs Obsorne, court held that this maxim is not applicable to saving a person from
danger, where the wife saved her husband from fallen roof. The shop‐keeper contended that
there was consent by the wife in risk while saving her husband from roof fall.
Right in Rem – “Rights against whole world”. You can travel the whole world.
Right in Personam –“Rights against specified / individual person” ‐ we can sue
case against person only when the contract with both.
Ubi Jus ibiremedium – “No wrong without remedy”. It means if there is
a wrong, there is a remedy.
False Imprisonment. – total restraint of liberty for short time without lawful
justification. Wife restraint by husband in order to lock the liberty of wife to go to her mother’s home.
Remedies for Torts
1. Judicial Remedies: Court by the way of Damage, Injunction & specific restitution of
property.
2. Extra Judicial Remedy: ‐ by parties itself. Eg., if any one trespass into once land, the owner
itself shouts and tried to out the trespasser.
Characteristics of Torts
1. Civil wrong
2. Violation of Right in Rem
3. Rights fixed by law
4. Common Law Action
5. Remedy
Master & Servant
Liable Not Liable
Relationship between master & servant Relationship between Govt & Govt employee
During employment Non employment
Servant’s negligent Servant not negligent
Civil wrong Criminal offence
For the wrong act done by his contractor For the wrong act done by his contractor’s
employee
Master must appointed the servant when he Law in‐force appointed employee to the
done wrong master.
Defamation
It is a wrong done by a person to another’s reputation by word, sign or visible representation. 2 types
1. Libel – Publication of false and defamatory statement in permanent form,
2. Slander – Oral statement having false & defamatory in temporary form.
Libel Slander
Statement must be false & defamatory Same as libel
Made without lawful justification Same as libel
Permanent in nature Temporary in nature
Publication of false & defamatory statement Oral statement having false & defamatory
Innuendo means indirect libel. “A is honest man, No indirect slander
he never stole my watch”.
Done by visible representation like painting Done by words or gesture
Need to prove damage Not needed to prove damage
Civil and criminal wrong Civil
Action for libel is barred one year in India Same as libel
Made by planned one Made by sudden provocation in the heat of the
moment.
Nuisance
It means to do hurt or to annoyance of land, tenement of another (also called tenement house. a
run-down and often overcrowded apartment house, especially in a poor section of a large city),
and not amounting to trespass. 2 Types:
1. Public – act or omission causing common injuries, danger, annoyance to public eg: Brothel.
Civil & criminal action can be taken.Civil action before collector.
2. Private – unauthorized use of one’s own property causing damage of other. It is not
trespass.Eg., smoke of gas, smoke. It has two types namely nuisance to property and
nuisance to personal comfort (polluting others land with sewage water, cutting branches of
tree over neighbour’s home).