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Module 1a - Introduction To Torts PDF
Module 1a - Introduction To Torts PDF
We would now take this opportunity to begin the Course with Module 1 of the Course. All the
very best from our side. Take the Course seriously and study very well. Do the assignments on
time. Let us begin.
This module aims to create a general backdrop of the concept of Torts and various Liabilities
under the same. The importance of instilling the general introduction of the subject matter is of
utmost importance before preparing the Foundation of the subsequent course.
The word ‘Tort’ has been derived from the Latin word ‘tortum’ which translates to
‘twisted’. In the easiest set of words, a tort is a civil wrong that causes someone to suffer
loss or harm and results in legal liability for the person who commits the tortious act.
According to Wex Legal Dictionary, a tort can be defined as “an act or omission that
gives rise to injury or harm to another and amounts to a civil wrong for which courts
impose liability. In the context of torts, "injury" describes the invasion of any legal right,
whereas "harm" describes a loss or detriment in fact that an individual suffers.”
The concept of deciding cases by applying Tort Laws commenced during the British era
in India. It is a relatively new development here, and most of it is still uncodified.
The earliest origins of Torts can be seen in the Roman laws in the form of delict, which
later influenced the civil law jurisdictions in Continental Europe, but a distinctive body of
law arose in the common law world traced to English tort law.
The sources of Tort Law in India include:
Common Law: As this particular form of law is young in India, it refers to certain
judicial precedent from countries such as the United Kingdom, Australia, Canada etc.
These are two important legal maxims attached to the concept of Torts and damages.
Defendant’s act + Defendant’s malice + Plaintiff’s loss — Plaintiff’s injury = Damnum sine
injuria.
The plaintiff had a school wherein there were many students enrolled. The school, being the only
one in the locality was flourishing well. However after a passage of time, the Defendant opened
another school of his own just infront of the Plaintiff’s school. He also kept the fees half of that
of the Plaintiff’s school fees. This led to the transfer of old and new students from Plaintiff’s to
Defendant’s school, and the former suffered huge monetary los. He filed a suit against the
defendant for damages.
The House of lords held that merely starting a competitive business does not violate any of the
Plaintiff’s Legal Rights even when he suffered monetary losses. The suit was hence rejected.
In case of injuria sine damno, the loss suffered by the plaintiff is not relevant for the purpose of a
cause of action. It is relevant only for assessing a number of damages. If the plaintiff has suffered
no harm and yet the wrongful act is actionable, nominal damages may be awarded.
Thus, the maxim injuria sine damno can be better explained by the mathematical formula
deduced by Professor S.P. Singh in his book ‘Law of Tort’ as:
1
(1410) Y B 11 Hen IV 27
2
(1703) 2 LR 938
3. TYPES OF TORTS
Although the list of torts may not be categorized under fixed numbers. However, in order
to develop a better understanding of the same, it has been categorized into the following
broad types-
Types of
Torts
Strictly
Intentional Negligence
Liable
An intentional tort is when an individual or entity purposely engages in conduct that causes
injury or damage to another.
For example - Striking another person in a fight is an intentional act that would be the tort of
battery. Striking a person accidentally would not be an intentional tort since there was not intent
to strike the person.
Although the list shall not be an exhaustive one, but a broad classification of Torts which are
Intentional may be given as:
Conversion Tresspass
Examples
of
Battery
Intentional
Torts
Emotional
Assault
Distress
TYPES OF
False
INTENTIONAL Fraud Imprisonment
TORTS
Conversion – the act of someone taking another person’s property and converting it to his
own use. This is also known as “stealing” in many jurisdictions.
Trespassing – the act of using or occupying another person’s real property without
permission.
Battery – the illegal act of harmful or offensive contact with another person’s body. The
word comes from the term “to batter” and it covers an array of activities including firing a
gun at someone or using the hands to cause harm to another person.
Intentional Emotional Distress – the act of causing mental anguish to another person
through outrageous conduct, injury, or other harm.
False Imprisonment – act of holding someone against their will without legal authority.
According to the law, a citizen is not allowed to restrict the movement of another person
without his consent. Business owners can, however, detain people suspected of shoplifting.
Fraud – the act of intentionally deceiving a person or entity for the purpose of monetary
gain.
3.2. Negligence
The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who
fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. In
many cases there will be a contractual relationship (express or implied) between the parties
involved, such as that of doctor and patient, employer and employee, bank and customer, and
until relatively recently it was necessary for such a contractual relationship to exist in order for a
claim for negligence to succeed.
Unlike intentional torts, negligence cases do not involve deliberate actions, but instead are when
an individual or entity is careless and fails to provide a duty owed to another person.
ELEMENTS OF NEGLIGENCE
Breach
• the defendant breaches that duty through an act or culpable omission.
Injury
• as a result of that act or omission, the plaintiff suffers an injury.
Chain of Causation
• there is a reasonably foreseeable consequence the defendant's act or of omission.
Generally, liability because of a tort only arises where the defendant either intended to
cause harm to the plaintiff or in situations where the defendant is negligent. However, in
some areas, liability can arise even when there is no intention to cause harm or
negligence.
For example, in most states, when a contractor uses dynamite which causes debris to
be thrown onto the land of another and damages the landowner’s house, the landowner
In order to claim damages under Strict Liability, it becomes necessary to prove the presence of following
elements-
Defective product cases are prime examples of when liability is maintained despite intent. In
lawsuits such as these, the injured consumer only has to establish that their injuries were directly
caused by the product in question in order to have the law on their side. The fact that the
company did not “intend” for the consumer to be injured is not a factor.