CS Tushar Pahade
LAW RELATING TO TORTS
Tort is really a kind of civil wrong as opposed to criminal wrong. Wrongs, in law, are either
public or private.
TORTS
Wrong
Civil Private
Criminal Public
CONDITIONS
1. A wrongful act or omission of the defendant.
2. The wrongful act must result in causing legal damage to another.
3. The wrongful act must be of such a nature as to give rise to a legal remedy
Wrongful Act The act complained of, should under the circumstances, be legally
wrongful as regards the party complaining.
Legal Damages It is not every damage that is damage in the eye of the law. It
must be a damage which the law recognizes as such. In other
words, there should be legal injury or invasion of the legal right.
Two maxims, namely: (i) Damnum sine injuria, and (ii) injuria sine
damnum, explain this proposition.
To Buy Lectures of CS Executive & CS Professional All
Subjects Visit cstusharpahade.com or Contact 9881844466
Or Download Tushar Pahade Classes Mobile App
CS Tushar Pahade
DAMNUM SINE INJURIA:
Means harm, loss or damage in respect of money, comfort, health, etc. Injuria means
infringement of a right conferred by law on the plaintiff. A man may have suffered damage and
yet have no action in tort, because the damage is not to an interest protected by the law of torts.
Therefore, causing damage, however substantial to another person is not applicable in law
unless there is also violation of a legal right of the plaintiff.
INJURIA SINE DAMNUM:
It means injury without damage, i.e., where there is no damage resulted yet it is an injury or
wrong in tort, i.e., where there is infringement of a legal right not resulting in harm but plaintiff
can still sue in tort.
LEGAL REMEDY
This means that to constitute a tort, the wrongful act must come under the law i.e., there should
be remedies to the sufferer against the tortfeasor. There are two types of remedies i.e., Judicial
Remedies and Extra- Judicial Remedies.
Judicial Remedies are Damages, Injunction and Specific Restitution of Property.
The main remedy for a tort is an action for unliquidated damages, although some other
remedies, e.g., injunction, may be obtained in addition to damages or specific restitution may be
claimed.
Extra- Judicial Remedies are Self Defence, Re-entry on land, Abatement Of Nuisance, etc.
Self Defence or Self Help is a remedy which the injured party can avail himself without going to
the court of law. In re-entry on land, a person wrongfully disposed of land may retake
possession of land if he can do so in a peaceful and reasonable manner. In abatement of
nuisance, the occupier of land may lawfully abate (i.e. terminate by his own act), any nuisance
injuriously affecting it.
Legal Remedy
Judicial Extra- judicial
Remedy Remedy
To Buy Lectures of CS Executive & CS Professional All
Subjects Visit cstusharpahade.com or Contact 9881844466
Or Download Tushar Pahade Classes Mobile App
CS Tushar Pahade
TORTIOUS LIABILITY
Strict & Vicarious
Absolute Liability
STRICT LIABILITY AS PER RYLANDS VS. FLETCHER CASE:
In some torts, a defendant is liable even though the harm to the plaintiff accrued without
intention or negligence on defendant’s part.
In other words, the defendant is held liable without fault.
A man acts at his peril and is the insurer of the safety of his neighbor against accidental harm.
Such duty is absolute because it is independent of negligence on the part of the defendant or his
servants.
Absolute Liability as per M.C. Mehta v. Union of India Case: The Supreme Court has
discussed the applicability of the rule of Reylands V. Fletcher in the case of M. C. Mehta V.
Union of India while determining the principles on which the liability of an enterprise engaged
in a hazardous or inherently dangerous industry if an accident occurred in such industry.
VICARIOUS LIABILITY:
Normally, the tortfeasor is liable for his tort.
But in some cases a person may be held liable for the tort committed by another.
This is known as vicarious liability in tort.
EG.
1. Principal and agent 3. Master & servant
2. Partners 4. Employer and independent contractor
TYPES OF TORTS
Battery Assault False Malicious Nervous Defamation
Imprisonmen Prosecution Shock
Libel Slander
To Buy Lectures of CS Executive & CS Professional All
Subjects Visit cstusharpahade.com or Contact 9881844466
Or Download Tushar Pahade Classes Mobile App
CS Tushar Pahade
BATTERY
Any direct application of force to the person of another individual without his consent or lawful
justification is a wrong of battery.
To constitute a tort of battery, therefore, two things are necessary:
use of force, however, trivial it may be without the plaintiff’s consent; and
Without any lawful justification.
ASSAULT
Assault is any act of the defendant which directly causes the plaintiff immediately to apprehend
a contact with his person. Thus, when the defendant by his act creates an apprehension in the
mind of the plaintiff that he is going to commit battery against him, the tort of assault is
committed. Usually when there is a battery, there will also be assault, but not for instance, when
a person is hit from behind.
FALSE IMPRISONMENT
False imprisonment means unauthorized restraint on a person’s body. What happens in false
imprisonment is that a person is confined within certain limits so that he cannot move about
and so his personal liberty is infringed. If a man is restrained, by a threat of force from leaving
his own house or an open field there is false imprisonment.
MALICIOUS PROSECUTION
Following are the essential elements of this tort:
There must have been a prosecution of the plaintiff by the defendant;
There must have been want of reasonable and probable cause for that prosecution;
The defendant must have acted maliciously (i.e. with an improper motive and not to further
the end of justice);
The plaintiff must have suffered damages as a result of the prosecution;
The prosecution must have terminated in favour of the plaintiff.
DEFAMATION
Defamation is an attack on the reputation of a person. It means that something is said or
done by a person which affects the reputation of another.
Defamation may be classified into two heads
Libel is a representation made in some permanent form, e.g. written words, pictures,
caricatures, cinema films, effigy, statute and recorded words.
Slander is the publication of a defamatory statement in a transient form; statement of
temporary nature such as spoken words, or gestures.
To Buy Lectures of CS Executive & CS Professional All
Subjects Visit cstusharpahade.com or Contact 9881844466
Or Download Tushar Pahade Classes Mobile App
