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Law of Torts – Notes

LLB Law of Torts comprehensive notes study guide cover with legal symbols and academic fields
Law of Torts – Exam-Oriented Notes
1. Meaning of Tort
  • The word Tort is derived from the Latin word Tortum meaning wrong.
  • Tort is a civil wrong and not a criminal wrong.
  • According to Section 2(m) of the Limitation Act, 1963:”Tort means a civil wrong which is not exclusively a breach of contract or breach of trust.”

Definitions

Salmond: Tort is a civil wrong for which the remedy is an action for unliquidated damages.

Winfield: Tortious liability arises from the breach of a duty fixed by law and enforceable by an action for unliquidated damages.

2. Essential Elements of Tort

A tort must contain:

  1. Civil Wrong
  2. Not a breach of contract or trust
  3. Remedy through unliquidated damages
3. Damage and Damages

Damage

  • Means legal injury or infringement of a legal right.

Damages

  • Monetary compensation awarded by courts.

Types of Damages

(A) Liquidated Damages

  • Pre-determined compensation.
  • Usually found in contracts.

(B) Unliquidated Damages

  • Not predetermined.
  • Determined by the court in tort cases.
4. General Conditions of Liability in Tort

To constitute a tort, there must be:

(i) Wrongful Act

Violation of a legal right by act or omission.

(ii) Legal Damage

The law must recognize the injury.

(iii) Legal Remedy

The injured person must be entitled to a remedy.

5. Important Maxims
A. Damnum Sine Injuria

(Damage without legal injury)

  • Actual loss is suffered.
  • No legal right is violated.
  • No action lies in tort.

Cases

Gloucester Grammar School Case (1410)

  • Competition caused financial loss.
  • No legal right violated.
  • No liability.

Chasemore v. Richards (1859)

  • Plaintiff suffered loss due to reduced water supply.
  • No legal right infringed.
  • No liability.
B. Injuria Sine Damnum

(Legal injury without actual damage)

  • Legal right violated.
  • No actual loss required.
  • Actionable per se.

Case

Ashby v. White (1703)

  • Plaintiff wrongfully prevented from voting.
  • No monetary loss.
  • Compensation granted.
6. Mens Rea in Tort

General Rule

  • Tort liability may arise from:
    • Intention
    • Negligence

No-Fault Liability

  • In some torts, liability exists even without wrongful intention.

Example:

  • Defamation
  • Motor accident compensation under no-fault liability provisions.
7. Strict Liability
Rule in Rylands v. Fletcher (1868)

Principle

A person who brings and keeps a dangerous thing on his land is liable if it escapes and causes damage.

Essentials

  1. Dangerous thing
  2. Escape
  3. Non-natural use of land
  4. Damage caused

Case Facts

  • Reservoir water escaped through old mine shafts.
  • Flooded plaintiff’s mines.
  • Defendant held liable despite absence of negligence.
Conditions for Strict Liability

From Read v. Lyons (1946):

  1. Escape from defendant’s control.
  2. Non-natural use of land.
Exceptions to Strict Liability
  1. Natural use of land
  2. Plaintiff’s consent
  3. Act of third party
  4. Statutory authority
  5. Act of God
  6. Plaintiff’s own default
8. Absolute Liability
M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987)

Rule

Industries engaged in hazardous activities are:

  • Absolutely liable.
  • No exceptions available.
  • Need not prove escape or non-natural use.

Principle

“Hazardous industries must compensate for any harm caused irrespective of negligence.”

9. Vicarious Liability

Meaning

One person is liable for the torts committed by another.

Examples

  • Master and servant
  • Principal and agent
  • Partners

Essentials

  1. Relationship must exist.
  2. Tort committed by subordinate.
  3. Act done during course of employment.
Types of Vicarious Liability

(A) Principal and Agent

Qui Facit Per Alium Facit Per Se
(He who acts through another acts himself)

(B) Partners

All partners liable jointly and severally.

(C) Master and Servant

Master liable for acts done during employment.

(D) Employer and Independent Contractor

General Rule:

  • Employer not liable.

Exceptions:

  1. Authorized tort.
  2. Strict liability cases.
  3. Negligence situations.
10. Vicarious Liability of State
India

Governed by Article 300 of the Constitution.

Important Cases

State of Rajasthan v. Vidyawati (1962)

  • State held liable for negligence of driver.

Kasturi Lal v. State of U.P. (1965)

  • State granted immunity because police were performing sovereign functions.

N. Nagendra Rao v. State of A.P. (1994)

  • Sovereign immunity restricted.
  • Welfare State should compensate citizens where appropriate.
11. Torts Against Personal Safety and Freedom
1. Battery
  • Direct application of force without consent.

Essentials

  • Use of force.
  • No lawful justification.
2. Assault
  • Creating apprehension of immediate battery.

Example:

  • Pointing a loaded gun.
  • Raising fist to strike.
3. Bodily Harm
  • Intentional act causing physical injury.
4. False Imprisonment
  • Total restraint on liberty without lawful justification.

Example:

  • Locking someone in a room.
5. Malicious Prosecution

Essentials

  1. Prosecution by defendant.
  2. Lack of reasonable cause.
  3. Malice.
  4. Damage suffered.
  5. Proceedings end in plaintiff’s favour.
6. Nervous Shock
  • Physical illness resulting from emotional shock.
7. Defamation

Meaning

Publication of a statement lowering a person’s reputation.

Types

Libel

  • Permanent form.
  • Written, printed, pictures, films.

Slander

  • Temporary form.
  • Spoken words and gestures.

Important Point

Under Section 356, Bharatiya Nyaya Sanhita, 2023, both libel and slander are offences.

8. Negligence

Definition

Failure to take reasonable care.

Essentials (Poonam Verma Case)

  1. Legal duty.
  2. Breach of duty.
  3. Resulting damage.
12. Corporate Liability in Tort

Principle

A company is liable for acts of its employees.

Important Case

Union Carbide Corporation v. Union of India (Bhopal Gas Tragedy)

  • Hazardous industries are absolutely liable.
  • No-fault liability recognized.
13. Remedies in Tort
A. Judicial Remedies

1. Damages

  • Monetary compensation.

2. Injunction

  • Court order to do or refrain from doing an act.

3. Specific Restitution

  • Return of property to rightful owner.
B. Extra-Judicial Remedies
  1. Self Defence
  2. Prevention of Trespass
  3. Re-entry on Land
  4. Re-caption of Goods
  5. Abatement of Nuisance
  6. Distress Damage Feasant
Important Exam Cases
CasePrinciple
Ashby v. White (1703)Injuria Sine Damnum
Gloucester Grammar School CaseDamnum Sine Injuria
Rylands v. Fletcher (1868)Strict Liability
Read v. Lyons (1946)Conditions of Strict Liability
M.C. Mehta v. Union of India (1987)Absolute Liability
State of Rajasthan v. VidyawatiState Liability
Kasturi Lal v. State of U.P.Sovereign Immunity
N. Nagendra Rao v. State of A.P.Welfare State Liability
Poonam Verma v. Ashwin PatelMedical Negligence
Union Carbide v. Union of IndiaBhopal Gas Disaster
One-Line Revision

Tort = Civil Wrong + Legal Injury + Legal Remedy + Unliquidated Damages.
Strict Liability → Rylands v. Fletcher
Absolute Liability → M.C. Mehta (Oleum Gas Leak)
Vicarious Liability → Master liable for servant’s acts during employment.
Major Torts → Battery, Assault, False Imprisonment, Malicious Prosecution, Defamation, Negligence.

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