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Law of Torts

Land marks / Subject Marks

(i) Definition, Nature

(ii) General Defenses

(iii) Types of liabilities

- Nuisance

- Negligence

- Trespass

- Defamation

(Crimes + Tort in above cases)

(iv) Damages

(v) No fault liabilities

- Absolute

- Strict

- Vicarious




What are torts?

The word "Tort" is derived from the Latin word TORTUM, which means something that is not lawful but is crooked and twisted about.


Un codified - e.g. 90% of Muslim Law

Someone who commits the tort - Tort Feaser or Tort Feasers


Civil Tort - Something that does not affect the Society at large

Criminal Tort - Something that affects the society at large


Nature - Civil

In Tort, a person violates the legal rights of a person recognized by law, or breach the legal duty of a person, purpose of torts law is not to get criminal action against the accused, but to get damages / compensation instead of punishments.


Types of Damages

Liquidated Damages

- Ascertainable


Un liquidated damages

- Un ascertainable

- Torts solution


Torts involve damages to Personal rights

1. Does not affect society at large Affects Society at large
2. Violation of Rights in Persona Violation of rights in rem
3. Accidental mostly Planned mostly
4. Civil Court Criminal Court
5. Compensation / Damages are calculated based on damages Punished by prescribed law
6. Objective - Damages / Compensation Objectives - Punishment / Death etc.


Where is Tort defined?

Section 2M of Limitation Act


All torts are Civil Wrongs but all civil wrongs are not Torts

Breach of Contract - Civil Wrong but not tort

Breach of Trust - Civil Wrong


  Tort Contract
1. Un liquidated Liquidated
2. No Consent Consent is needed by Parties
3. Un Codified Codified


Essentials of Trots

(i) Wrongful act / omission

(ii) Legal Rights of a person violated

(iii) Remedy "un liquidated"

Ubi Jus Ibi Remedium - Where there is a right, there is a remedy.

"mens rea" - Guilty mind / evil intention - Not important in 90% cases

"Actus non facit mens Rea" - Intention alone is not sufficient, as action is necessary.

Injuria Sine Damnum

Injury without damages

Violation of legal right without damages

Ashby V/s White

A person wasn't allowed to vote. He was detained. Though his interest won, he had no damages lent his personal right was violated.

Bheem Singh V/s Estate of J & K


Damnum Sine Injuria

Damages without injury

Damages without violation of legal rights

School A

Gloucester Grammar School

School B

A will not get damages as B dud bit violate any legal rights

Mogul Steamship Company

Same company opened and freight charges reduced. But no remedy as no right violated


General Defences

1. Act of God

A defence that can be used if a person proves that the event caused was unpredictable and not done by human.

Nicolas Vs Marshland


2. Plaintiff the wrong doer


Plaintiff, Defendant


Complainant, Accused

If the court realises that Plaintiff was equally at fault, he will not get relief. Plaintiff may have been a party to it or his consent was involved.


3. Violent non fit injuria

Person who voluntarily gave his consent with possibility of harm, is not allowed to complaint for it.

e.g. Insulting someone and suing them for tress pass.

consent could be implied.

e.g. football


Essentials of volenti non fit injuria

- Free consent

- Knowledge of harm

- Legal purposes



- Negligence

- Consent to unlawful act

- Breach of statutory authority


4. Inevitable Accident

- To be proved by Defendant

- Un willful injury by defendant on Plaintiff

- Defendant did his best to avoid it

e.g. J & K Snow


5. Mistake of Fact

- ignorantia facti excusat - Ignorance of fact is an excuse

- ignorantia juris non excusat - Ignorance of law is no excuse.

-Un intentional act out of something where the reason is a mistake of fact.


6. Private Defence

- Defending yourself, someone, your property.

- Reasonable no


7. Necessity

- When the act is necessary

- To prevent a greater harm, you cause a smaller harm


8. Statutory Authority

- Act is done permission of authority


9. Law of Trifles

De Minimus not cur lex - Very small matters



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