1. Tort Law At A Glance

2. MEANING OF TORT Civil Wrong based on breach of duty imposed by law
Its breach gives rise to personal or civil right of action for a remedy
grew by Common Law in India

3. MEANING OF TORT
Salmond – civil wrong – action for unliquidated damages
It is not a breach of contract/trust/other equitable obligation
Taken from Latin word ‘tortum’, meaning twisted act or deviated from right/lawful conduct

4. Important factors Act or Omission, i.e., civil wrong
should not be breach of contract or trust
Common law action for unliquidated damages
Breach of legal duty
Infringement of legal right, eg, drowning in river or swimming pool

5. Important factors Winfield – a) duty fixed by law (in rem) b) breach
c) remedy - action for unliquidated
damages

6. Duty
A legal obligation that is owed or due to another and that needs to be satisfied
An obligation for which somebody else has a corresponding right
Example: If you drive a car, you have a duty to obey the rules of the road

7. Duty of Care
Would a reasonable person drive down the street with a paper grocery bag over her head?
No, he would not do this
Thus, part of the duty of care when driving is to not obstruct your vision
Eg, cold drink manufactured & snale found in it

8. Aims of Tort Law
Loss distribution/adjustment - shifting losses from victim to perpetrators
Compensation - Pecuniary damages awarded
The object of compensation is to place the victim in the position he/she was before the tort was committed.
Punishment - exemplary or punitive damages.

9. Essential Elements of Tort Law
1) Wrongful Act/Omission – legal duty breached 2) Legal Damage – a) injuria sine damnum/damno – injury without damages (Burnard v. Haggis, (1863) 143 ER 360 – horse case) b) damnum sine injuria – damages without injury (Gloucester Grammer School case, (1410) YB Hill 11 Hen; Acton v. Blundell, (1848) 12 M & W 324); Allen v. Flood, (1895) AC 1) etc.)

10. Essential Elements of Tort Law
3) Mental Element – mens rea or guilty intention absent in tort law
actus non facit reum, nisi mens sit rea – an act is not a crime unless it is committed with a particular criminal intention
Motive v. Intention
Malice in Fact - evil motive or wrongful intent to cause loss
Malice in Law - act/omission not justified by law
Allen v. Flood, (1895) AC 1) (trade union case)
Hollywood Silver Fox Farm Ltd. v. Emmett, (1936) KB (vixen case)

11. Essential Elements of Tort Law
4) Legal Remedy – action for
unliquidated damages

12. Foundation of Tortious Liability
Ubi jus ibi remedium – where there is a right there is a remedy
(Ashby v. White, (1703) 92 ER 126;
Bhim Singh v. State of J & K,
AIR 1986 SC 494)

13. Foundation of Tortious Liability
2 theories –
a) Law of Torts – Sir John Salmond
(Pigeon Hole Theory)
b) Law of Tort – Sir Winfield
Rylands v. Fletcher,
(1868) UKHL 1);
M C Mehta v. Union of India,
AIR 1987 SC 1086 )

14. Nature of Tort Civil nature Civil suit filed in a civil court
Civil liability
Victim centric
e.g. – Bhopal Gas Tragedy case
M C Mehta v. Union of India,
1987 SCR (1) 819

15. Tort & Contract - Difference
1) Duty primarily fixed by Law
1) Duty fixed by the will and consent of the parties
2) Duty owed to the community at large or to persons generally (right in rem)
2) Duty owed to specific persons (right in personam)
3) No privity between parties
3) Duty based on privity of contract
4) Motive relevant in certain torts, eg., conspiracy, nuisance
4) Motive irrelevant
5) Remedy – claim for unliquidated damages
5) Remedy – claim for liquidated damages

16. Tort & Contract - Difference
6) Principle of vicarious liability applicable
6) Vicarious liability has no application
7) Some torts are crimes
7) A Contract can never be a crime

17. Tort & Crime - Difference
1) Violation of civil or personal right of the plaintiff
1) Violation of public duty affecting whole society
2) Damages awarded
2) Offender is punished with imprisonment and/or fine
3) Civil proceedings instituted by plaintiff himself
3) Criminal proceedings instituted by the State or complainant
4) Action is brought to enforce, redress or protect a private or civil right
4) Action instituted by the Government/complainant to punish offences against the public

18. Tort & Crime - Difference
5) Motive not relevant
5) Motive – essential element
6) Mere breach of duty for which damages awarded
6) Unlawful act prohibited by law – only remedy punishment

19. Overlapping of tort and crime – remedies concurrent
Compensation + Punishment
eg, Conspiracy; Nuisance etc.

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