1. General Conditions of Liability in Tort Sharowat Shamin Lecturer, SoL, BRACU

2. Constituent elements of a tort A wrongful act/omission Mental element: intention, negligence or breach of strict duty Injury: violation of a legal right Remedy/Damages

3. Torts may be: – Actionable per se, i.e. without proof of actual damage – Actionable only on proof of actual damage.

4. Important Maxims Ubi remedium ubi jus- where there is a remedy, there is a right Ubi jus ubi remedium- where there is a right, there is a remedy Ex turpi causa non oritur actio- (Latin for "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.

5. Injury Vs. Damage Distinction in meaning Four types of cases- 1.Damnum sine injuria 2.Injuria sine damno 3.Damnum cum injuria 4.Neither damnum nor injuria (Only no.2 and no.3 are actionable.)

6. Damnum Sine Injuria Damage without injury Damage however great, if not caused in violation of another’s legal right is not actionable at law since injury is an essential condition of liability in all torts. Cases: – Gloucester Grammar School Case, 1410 Y.B. 11 – Chasemore Vs. Richars (1859) – Bradford Corporation Vs. Pickels (1895) – Allen Vs. Flood (1898) – Moghul Steamship co. vs. Mcgregor (1892)

7. Injuria Sine Damno (Injury without damage) It is actionable because damage is not an essential condition of liability in certain torts. Such torts are called actionable per se, e.g. assault, battery, wrongful confinement, trespass to property etc. Relevant Cases: – Ashby Vs. White (1703) – Marzetti Vs. Williams (1830)

8. Damnum cum injuria Damage as well as injury Always actionable In majority of cases these two elements are present.

9. Neither damnum nor injuria Neither damage nor injury Not actionable No remedy available Case: – Kali Krishen Tagore Vs. Jodoo Lal Mullick, 6 I.APP. 190