Tort
Tort
2. Wrongful act has caused violation of legal right of the Plaintiff (it is understood with the help of two Maxims)
Judicial Remedies
• Reliefs given by the Court are called Judicial remedies Injunction:
• the court provides remedy when Plaintiff brings a suit of tort
against defendant Injunction is a Court order to do something or not to do something. Kinds of
• Judicial remedies which can be provided are: Injunction are:
1. Prohibitory Injunction ( Order to prevent someone from doing something;
i) Damages e.g. construction of a wall)
ii) Injunctions 2. Mandatory Injunction ( Order to compel someone to do something; e.g. to
iii) Restitution of Property fulfill one’s duty in a contract)
3. Temporary Injunction ( Court order to do something or not to do something
Damages for temporary period of time)
( Damages means pecuniary or monetary compensation) 4. Permanent or perpetual or perennial Injunction ( Court order to do
something or not to do something permanently)
Qui facit per alium facit per se. (It means one who acts through
another acts through himself). 3. Master and Servant
When a person is held responsible for the act done by some other
Master is vicariously liable for tort committed by his servant. But 2
person, its called Vicarious Liability
essential conditions must be fulfilled
For example master is liable for the acts done by his servant. In this i) The tort is committed by servant
example we will say that a master is vicariously liable for the act of ii) Servant Committed tort during the course of his employment
his servant.
Vicarious liability arises when there is relationship between two Latin Maxim
person
The relationship can be in the form of: Master’s Vicarious liability is based on latin maxim ………’
Respondent Superior’…….it means let the superior or powerful
1. Principle and Agent
person be liable
2. Partners of partnership firm
3. Company and its directors Who is a servant
4. Master and Servant
5. Parent (Guardian) and child A servant is a person who works under the direction and control of
6. Husband and Wife his master, therefore independent contractor is not a servant.
For example my private driver is my servant, but if I hire a taxi, then
Note- In these relationships, both of them are Joint Tort Feasors and their he is not my servant
liability is Joint as well as serveral (several means they are liable in I will be responsible for the act of my driver, but not for the act of the
their individual capacity) driver whose taxi I have hired
4. Principal and Agent
but there is one exception, wherein Master is held liable for the act done
Principle is the person who employs another person not as an by an independent contractor. This is in case of Strict Liability
employee, but as an agent to act on his behalf as per his When a person lends his servant to another, then who will be
instructions responsible for the tort done by servant. In this case, a rule will apply, that is
Agent is a representative of principal, acts as per his instructions that the person who has given training to the servant what to do and how to
and derives authority from the Principal do, will be held responsible for this act.
Principal is vicariously liable for the acts done by his agent because during the course of his employment means, the master is responsible
agent is working as per the instructions his principal. for the act of his servant which he has authorized, not for the act which he
has not authorized
2. Partners of partnership firm
Suppose there is a partnership firm and A, B, C are partners of this
business firm. ‘A’ does some wrong with Ram Lal in his capacity as
a partner of firm. B and C , both will be vicariously liable for the act
of A. Ram Lal can sue all the partners for damages
Vicarious Liability of State
Vicarious liability of State means when State (Union Government or the State Government) is responsible and liable for the acts done by its
government employees
Article 300 of Indian Constitution gives reference about Vicarious liability of the State. Article 300 says that the Government of India may sue
and be sued on the name of ‘Union’ and the government of the State can sue and be sued by the name of the State
Important Cases
4. State of Gujrat Vs. Memon Mahomed (State is bailee after seizure)
5. PUDR Vs. Police Commissioner (innocent victums of police firing)
6. Sebastian hongray Vs. UOI (Disappearance in Military Custody)
7. Bhim Singh Vs. J&K and Rudal Shah (wrongful detention)
No Fault Liability
in tort, liability of the defendant arises when he has done something wrong or due to his fault, a damage or breach of right of plaintiff has occurred.
but there could be a situation, when defendant has done no wrong, still he is held liable in a tort case. This is called no fault liability.
There are two topics under ‘no fault liability’……….Strict Liability and Absolute liability
i) Use of force
ii) Physical hurt may not be there
(spitting, throwing water, pulling chair come under battery)
iii) Such use of force is without any lawful justification. Therefore,
following acts are not held to be battery:
Kinds of Nuisance
Intentional infliction of emotional distress
It is also called tort of nervous shock Private Nuisance
Public Nuisance
• It is an act which causes damage
It is an act which causes
Essential Elements of IIED damage due to inconvenience,
due to inconvenience, discomfort or
annoyance to an individual or a
discomfort or annoyance to the
1. Defendant has done some act negligently or intentionally, which is group of individuals
general public……for example,
outrageous and reckless; and which a civilized person should not do • for example…..Noise from the
obstructing or blocking a highway
2. This act of defendant has given nervous shock or emotional distress neighborhood, or tree branches
Public Nuisance is both a tort
to the Plaintiff coming into my courtyard
as well as Crime
• Private nuisance is a tort
Trespass
Meaning:
Exceptions to Section 499
Defamation means injury to the reputation or character of a person
1. Imputation (accusation) of truth for public good
Kinds of Defamation
2. Public conduct of a public servant
3. Conduct of any person touching any public question
Crime of Defamation:
Section 499 & 500 of IPC deal with the crime of defamation Punishment for Defamation
The defendant has got following defenses in order to defend himself in the
1. The Statement must be defamatory……….(the Statement could be
defamation suit brought by the Plaintiff
directly defamatory or it could be an Innuendo………Innuendo means a
1. Truth or Justification
statement which looks innocent but have defamatory meaning. For
2. Fair or bonafide comment……(fair or bonafide comment means honest
example if we say that this woman is pregnant ……..but she is
criticism made for public good……..it should not be a personal attack on
unmarried (specially in Indian context)……….or any sarcastic remark
somebody)
such as introducing a corrupt person as the most honest person)
3. Privilege
2. The Statement must refer to the Plaintiff ………….general statement
about a class is not a defamation……for example a statement that ‘all
lawyers are thief’ is not a defamation
Absolute Privilege Qualified Privilege
3. The Statement must be published (published means a third person i) Parliamentary Proceedings… When the defendant makes
must read the statement in case of Libel…………and a third person (MPs under article 105 and MLAs the statement honestly and
must hear the statement in case of Slander) under article 194 enjoy absolute carefully…..
• Exception of Husband and Wife, which means when a person defames privilege for what they say in the
somebody in front of that person’s wife, then it is not defamation Legislature Exp 1. – creditor makes a
because in the eyes of Law, husband and wife are considered one ii) Judicial Proceedings… Judges, statement about the financial
person counsels, witness and the parties condition of his debtors to
have privilege not to be sued for another creditor
whatever they say during judicial Exp2. – Companies giving
proceedings feedback about their ex-
iii) State communication employees
(confidential official conversation
between government officials)
Negligence
Essential Elements of Negligence Composite negligence means when there is contributory negligence
of both plaintiff as well as defendant and due to their negligent act, a
I. The defendant had a legal duty towards plaintiff. (it should be legal third person has suffered injuries.
duty not religious or moral or social)
Gross Negligence
II. The defendant was careless and he breached his legal duty out of
this carelessness It means total and big negligence on the part of defendant (the
wrong doer). This is considered a totally wrong act and defendant
III. This carelessness of defendant resulted into loss or damage to the can not escape the liability
plaintiff
Vicarious Negligence
Defenses available to the Defendant
It means when a person is responsible for the negligent act done by
1. No liability of defendant when injury is not foreseeable another person
(for example, when a driver of a transport company died from heart
attack while driving the bus), here the transport company could not Principle of Res Ipsa Loquitor
foresee the sudden death of the driver
Res Ipsa Loquitor means ‘things speak for themselves’. It means the
2. Contributory Negligence (it means both defendant and plaintiff are at facts or circumstances shown by the Plaintiff is clear cut proof of
fault. Defendant was negligent, but at the same time Plaintiff was negligence (which is clearly visible and which need not to be proved)
also negligent. Both are tort feasors and both have contributed into
the loss or damage For example, a brick from neighbor’s window falls and injures
(for example, plaintiff himself is going on the wrong side of road or a someone.
person travelling on roof of the bus)
If there is Res Ipsa Loquitor, then burden shifts on Defendant to
Contributory Negligence and Last Opportunity rule defend himself.
Last opportunity rule means who is the last person (plaintiff or the Essentials of Res Ipsa Loquitor
defendant), who could have taken care and saved the
accident…….example of donkey case. I. the thing causing the damage must be under the control and
management of defendant
Comparative Negligence II. Accident is such in which common sense tells that accident has
happened due to negligence of defendant
When there is contributory negligence and plaintiff gets the III. No explanation by the Defendant
compensation according to the portion of negligence by defendan
Strict Liability Torts
Strict Liability means the defendant would be liable to pay even if he has
taken proper care and his intention is not to harm any body
When the plaintiff (the consumer) misuses the product and as a result
suffered loss
Keeping wild and dangerous animals in the premises can also raise strict
liability if they harm someone.
Nature of Defamation:
Defamation is a double wrong. It is a tort ( a civil wrong) and it is also a crime under
section 499 of IPC