INTRODUCTION TO

LAW OF TORTS &

GENERAL
PRINCIPLES
 Syllabus
 I – General Principles
 II – General Defences
 III – Parties and their Capacity
 IV – Masters and Servants
 V – Joint Tort Feasors
 VI – Remedies
 VII – Remoteness of Damage
 VIII – Successive actions on the same facts
 IX – Specific Torts
 X – Discharge of Torts
 Unit I – General Principles
 Origin and Development of Torts
 Definition of Torts
 Distinction between
 Torts & Crime
 Torts & Contract
 Torts & Breach of Trust
 Foundation of Tortious Liability
 Fault as a condition of liability
 Essential condition of liability in Tort
 Duty of Care
 Damnum sine injuria & Injuria sine damno
 Relevance of malice
 The impact of insurance on Tort Liability
 Individual and collective
 Motor Accidents Claims
 General Principles & Specific Torts
 Law of Torts
 General Principles of Torts & Specific Torts
 Specific Torts (Torts affecting)
 Person
 Body (assault, battery, may harm, false imprisonment)
 Reputation (libel & slander)
 Reputation & Freedom (malicious prosecution & imprisonment)
 Domestic Rights (marital & parental rights, right to service)
 Property
 Immovable Property (trespass, dispossession, reversionary rights)
 Movable Property (trespass, conversion & detention)
 Both movable & immovable property (slander of title, maintenance)
 IPR – Intellectual personal property (patent, CR, TM, Trade name)
 Both person & property
 Negligence
 Nuisance
 Fraud
 Law of Tort or Law of Torts
 Salmond – Law of Torts
 Pigeon hole theory
 The liability under this branch of law arises only when the wrong is
covered by any one or the other nominate torts. We can presume
these nominate torts as pigeon holes with some specific essentials. If
the plaintiff can place his wrong in any one of the pigeon hole, each
containing a labeled tort, he will succeed.
 Winfield – Law of Tort
 Theory of all civil harms being actionable
 Tort consists of not merely of those wrongs which have acquired
specific names but also includes the wider principle that all unjustified
harm is tortious.
 Most accepted & way to new tort is Law of Tort – Indian system
follows Winfield theory. Indian courts establish absolute liability
 Tort - Civil or Criminal
 The entire body of law in a State (corpus juris) may be roughly
divided into civil & criminal
 Civil
 Law of particular State & not Int. Law
 It indicates the proceedings before Civil Courts
 It is civil liability of individuals (commit wrong against indiv.)
 Its disputes are civil in nature

 Criminal
 It indicates the proceedings before Criminal Courts
 It is wrong which committed against the State
 It is act or omission which is prohibited & gets criminal nature

 Tort – Civil Wrong

 It gives rise to civil proceedings (Plaintiff vs. Defendant) – Indiv.
 Etymology of Tort
 Tort is a branch of civil law
 The term „tort‟ is derived from Latin word “tortum”
 It means twisted or crooked or wrong
 It is contrast to word „rectum’ which means „straight‟
 When one deviates from the straight path into
crooked ways, he has committed a tort
 In English Common Law, tort has acquired a special
meaning as a species of civil injury or wrong
Definition & Understanding of Tort

 Salmond
 Tort is civil wrong, for which the remedy is an action for
un-liquidated damages in common law and which is not
exclusively the breach of trust or other merely
equitable obligations
 Winfield
 Tortiousliability arises from breach of duty primarily
fixed by law, this duty is towards persons generally and
its breach is redressable by an action for unliquidated
damages
 Definition & Understanding of Tort
 Wrong
 Moral Wrong
 Political Wrong
 Legal Wrong
 Civil Wrong (Tort, Breach of Trust & Breach of Contract)
 Criminal Wrong (Murder, rape and robbery)
 Tort is a civil wrong
 Legal Maxims

 ubi societas ibi jus

 Where ever there is society, there is right (law)
 ubi jus ibi remedium
 Where there is a right, there is a remedy
 jus means right is given by legal authority
 remedium means right of action which depend with earlier
 Definition & Understanding of Tort
 Rights & Duties (2 sides of same coin)
 There is legal tie between these two – vinculam juris
 Duties
 Moral Duty
 Legal Duty
 Statutory Duty
 Judge Made Duty

 Common Law & Equitable Duty

 Dictionary
 Breach of duty leading to damages
 If breach of legal duty, it amounts to sanction
 It leads to remedy (compensation) for right holders
 Essentials
 act / omission
 Breach of legal duty (violation of plaintiff‟s rights)
 Authorized by law & remedy available for that
 Definition & Understanding of Tort
 Remedy
 Right without remedy is a joke or verbal jugglery
 Remedies are classified in to two: judicial & non-judicial
 Judicial
 Legal remedies by way of
 Damages
 Injunction
 Specific restitution of property
 Constitutional remedies
 Non-judicial
 Extra legal remedies by way of
 Self help
 Expulsion of trespasser
 Re-entry on land
 Recaption of goods
 Distress damage feasant
 Abatement of nuisance
 Legal Damage
 Legal damage
 Injuria
sine damno
 Damnum sine injuria

 Injuria means
 infringement of a right conferred by law on the plaintiff‟s right
 Damnum means
 Substantial harm, loss or damage in respect of money, comfort,
health or the like
 Injuria
is a violation of a legal right & same has not been
coupled with a damnum or harm to plaintiff
 Violationof legal right is only actionable
 When there is no violation of a legal right, no action can lie
in a Court – Legal Damage
Injuria sine damno
 It means
 Violation
of legal right without causing any harm, loss or
damage to the plaintiff
 If the Plaintiff has suffered no harm & yet the wrongful act is
actionable – nominal damages may be awarded
 Two kinds
 Actionable per se – actionable without any proof (ex: trespass)
 Actionable only on the proof of damage
 Ashby v. White – voter not cast vote, but his candidate win
 Bhim Singh v. State of Jammu & Kashmir – MLA was wrongfully
detained by the police while he was going to attend the Assembly session
 Damnum sine injuria
 It means
 Damage which is not coupled with an unauthorized interference
with the plaintiff‟s lawful right
 Gloucester Grammar School Case (1410)
 Set up new school, ptf reduced fee from 40 pence to 12 pence
 Chesmore v. Richards (1859)
 Mill owner (60 yr water used from stream) dt sunk a well & pump large
water – dft was not liable
 Mogul Steamship Co. vs. Mc Gregor Gow & Co. (1892)
 Number of companies joined together to reduce fright against ptf tea-trad
 Bradford Corporation v. Pickles (1895)
 Land – water – not liable, even injured to ptf done on maliciously
 Town Area Committee v. Prabhu Dayal, AIR 1975 All. 132
 16 shops on old foundation of building – not notice u/UP Municipality Act-
demolition is not illegal, because building is illegal
 Jethu Singh v. State of Rajasthan, AIR 2014 Raj. 157.
 NOC to set petrol pump near retail outlet petitioner – gen. public
 Tort & Constitution of India
 Nature of Law of Torts
 Tort is subject matter of English Common Law

 It attributes the characteristics of pre-independence or

pre-constitutional
 Constitutional validity
 Legal (constitutional) basis for common law of tort in India
 Article 372 - Continuance in force of existing laws and their
adaptation
 (1) Notwithstanding the repeal by this Constitution of the enactments
referred to in article 395 but subject to the other provisions of this
Constitution, all the law in force in the territory of India immediately
before the commencement of this Constitution shall continue in force
therein until altered or repealed or amended by a competent
Legislature or other competent authority .
 Tort & Crime
 Crime
 It is an act, commission or omission forbidden & punishable by
law because it is harmful to the society
 Characteristics (method, intent & effect on society)
 Harm must have been legally forbidden
 It requires mensrea (guilty intention) & coupled with actus reus
 It must carry legal punishment
 Tort
 Salmond – A civil wrong, independent of contract, for which the remedy is an
action for damages
 It is an act or omission which prejudicially affects a person in some legal
private right
 Characteristics
 It must be a civil wrong
 It must be a legal infringement of right
 It must be a remedy
 Tort & Crime
 Similarities between Tort & Crime
 The roots of tort & crime are greatly intermingled
 Both arise from wrongs imposed by law

 Certain crimes are also actionable torts, ex: trespass, assault

 In some cases, the damages in torts may be punitive

 In some cases, criminal law may award compensation under

criminal injuries compensation legislation
 Some of the torts are listed under the BNS or IPC
 Example: Defamation, Nuisance & Negligence
 Law Commission Report 42 suggest that should be retain in the
Code, because civil suit for damages is expensive & useless in
many cases
 Tort & Crime
Content Tort Crime
Nature Un-codified Codified
Rights Violation of rights of Violation of rights in
persona (private rights) rem (public rights)

Intention Often accidental and not Deliberate and planned

to intended to injure wrong doings or acts

Court Tried in a civil court Tried in a criminal court

Proceedings Civil proceedings Criminal proceedings
Result To compensate individual To punish the criminal
whose legal right violated in the interest of society

Object To protect rights of a To maintain law and

person order in the society
 Tort & Crime
Content Tort Crime

Parties Against individual Against State

Act Civil action – civil wrong Criminal offence

Examples defamation, trespass, theft, robbery, murder,

negligence, nuisance kidnapping
Sanction restorative/compensatory punitive /disciplinary

Remedy Civil remedy Criminal base

punishm To pay debt or damages death, penal servitude,

ents u/ injunction imprisonment, fine, etc.
 Tort & Contract
 Torts & Breach of Contract
 Privity of Contract & Tortious Liability
 Intentional or negligent infringement of right
 Intentional infringement of interest
 Violation of law

 Similarities
 Both tort & breach of contract give rise to civil suits
 In some instances, a breach of contract may also be a
tort, ex: an employer‟s failure to provide safe working
conditions
 Tort & Contract
Content Contract Tort
Nature Codified Un-codified
Rights Rights are based on act of Rights are from the common law
agreement between parties and are created by the Court
Duties Parties determine the duties Law determines the duties
Minors Limited in liability Can be sued & damages
recovered from their properties
Privity Privity does not exist nor is it Privity must exist
needed
Towards person Duty owed to specific persons Duty owed to persons generally
Motive Motive irrelevant It is relevant in certain torts, ex:
Nuisance & Conspiracy
protect Protects expectation of future Protects what is already owned
benefits or possessed
Remedy Claim for liquidated damages Un-liquidated damages
 Tort & Breach of Trust
(Entrustment of property from one person (beneficiary) to another
(trustee). Trust is a matter of confidence & not a contract or tort)
Contents Tort Breach of Trust
Nature Un-codified Codified
Define Civil wrong Breach of equitable
obligations (confidence)
origin English common law Equity Court or Court of
Chancery
Motive Motive is irrelevant Motive is relevant
Parties Known each other is Known each other is from
rare beginning itself
Damages Not fixed one Fixed one
Remedy Compensation in un- Injunctions, specific
liquidated form restitution of property &
liquidated damages
Tortious Liability
 Elements
 Act or omission by defendant (breach of duty)
 Breach of legal duty
 Affecting Plaintiff‟s legal rights
 Causing Legal Damage
 Amounting to damages / compensation
 Mental element in tortious liability
 Fault when relevant
 Liability without fault
 The trend
 Malice in law & Malice in fact
 Exemption to the rule
 Tort – remedy by way of writ jurisdiction
 Types of Tortious Liabilities

 Negligent Liability – Duty of Care – Ex: Accident

 Strict Liability – hazardous acts & product liability
 Absolute Liability – It is form of strict liability where no
defenses are available – Ex: Public hazards
 Vicarious Liability – One party is responsible for acts of
others – Ex: employment or supervisory relationship
 Intentional Liability – A deliberate acts intended to cause
harm to another persons or their properties – Ex: Battery or
physical attacks and Trespass
 Product Liability (manufacture) & Occupier Liability (tenant)
Rylands v Fletcher (1868)
 The Rylands v Fletcher rule introduced strict liability
in tort law for certain hazardous activities. It
established that individuals undertaking risky
activities with the potential to harm their neighbors‟
property could be liable for any resulting damage,
regardless of their intent or negligence.
 This case has had a lasting impact and is frequently
cited in cases involving liability for escaped
hazards, although its application has been refined
over time.
Rylands v Fletcher (1868)
 Background: Fletcher owned a mine, and Rylands owned a mill on
neighboring land. Rylands constructed a reservoir on his land to
supply water to the mill. This reservoir was intended to store large
quantities of water.
 The Incident: During the construction, contractors employed by
Rylands discovered some abandoned mine shafts under the land,
which were improperly filled and connected to Fletcher's mine.
Instead of properly sealing these shafts, they continued construction
without notifying Fletcher.
 Damage: When the reservoir was filled, the water broke through the
improperly filled shafts and flooded Fletcher‟s mine, causing
significant damage.
 Legal Action: Fletcher sued Rylands, arguing that Rylands should be
liable for the damage caused by the water escaping from his land,
even though Rylands had not been negligent.
Rylands v Fletcher (1868)
 In Rylands v Fletcher (1868), certain defenses can
mitigate or entirely avoid liability under the strict
liability rule. The primary defenses include:
 Act of God
 Volenti non fit injuria
 Inevitable Accident
 Plaintiff, as a wrong doer
 Act Statutory Authority
 These defenses allow defendants to argue against strict
liability under Rylands v Fletcher, highlighting that
liability under this rule isn‟t absolute and can be
negated under specific, exceptional circumstances.
Example – Motor Accident Claim
 A tort is a civil wrong that causes harm or loss, resulting
in legal liability for the person who commits the tortious
act.
 Motor accidents fall under torts due to negligence or
breach of duty leading to personal injury or damage.
 Drivers owe a duty of care to all road users. This duty
implies driving in a manner that ensures the safety of
others.
 The fundamental aim is to restore the injured party to
their pre-accident condition.
Types of Motor Accident Claims
 Personal Injury Claims: Filed by individuals injured in
an accident due to the negligence of another driver.
 Property Damage Claims: Filed to recover costs
associated with damage to vehicles or property in an
accident.
 Wrongful Death Claims: Brought by the family of a
person who dies in a motor accident due to another‟s
negligence.
 No-Fault Claims: In jurisdictions with no-fault insurance
systems, compensation is available regardless of who
was at fault.
Liability in Motor Accident Claims
 Negligence-Based Liability: Common in most tort
claims, where the injured party must prove that the
driver‟s negligence caused the accident.
 Strict Liability: In some cases, especially with
commercial vehicles, strict liability can apply,
holding certain parties liable regardless of fault.
 Vicarious Liability: Holds employers liable for the
acts of their employees if the accident occurred
during the course of employment, such as delivery
drivers.
Claims Process
 Filing a Claim: The claimant files a claim with the at-
fault driver‟s insurance company or, in no-fault
jurisdictions, with their insurer.
 Investigation: The insurer investigates the claim,
examining police reports, medical records, and witness
statements.
 Settlement Negotiations: The insurer may offer a
settlement. If the claimant disagrees, they may take the
matter to court.
 Court Proceedings: If settlement fails, the case may go
to court, where the burden of proof is on the claimant
to prove the other party‟s negligence.
How to fix negligence & Defenses
 Defenses
 Contributory Negligence: Arguing that the claimant‟s own actions
contributed to the accident.
 Assumption of Risk: Claiming that the claimant voluntarily
assumed known risks, such as getting into a car with a visibly
intoxicated driver.
 Unavoidable Accident: Contending that the accident was due to
an unavoidable circumstance, such as sudden weather changes or
mechanical failure.
 Contributory Negligence: If the injured party is partly at
fault, their compensation may be reduced proportionately.
 The court may assign percentages of fault to each party,
impacting the compensation accordingly. For example, if the
injured party is 20% at fault, they may receive 80% of the
awarded damages.
WISH YOU ALL THE BEST