Land marks / Subject Marks
(i) Definition, Nature
(ii) General Defenses
(iii) Types of liabilities
(Crimes + Tort in above cases)
(v) No fault liabilities
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
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
|2.||No Consent||Consent is needed by Parties|
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
Gloucester Grammar School
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
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
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.
Essentials of volenti non fit injuria
- Free consent
- Knowledge of harm
- Legal purposes
- 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
- 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
Constitution of India
Other Laws, International bodies etc