Nature scope & definitions law of torts.pdf

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1. LAW OF TORTS
Prof. Prasanna Barure
(BA LL.M SET NET JRF)
Dayanand college of Law, Latur

2. NATURE AND DEFINITION OF TORTS
•TORTis a Frenchword which means wrong, it meansthat the
French termTORTis equivalent to the English term wrong.
•The word tort has been derived from the Latinterm TORTUM
which means to twist.
•means a conduct which is not a straight or lawful but on the other
handit istwisted , crooked or unlawful.
•A Common element in all torts is that someone has suffered a loss
or harm as a result of some act or failure to act.

3. •Law of torts consists of various tortsor wrongful acts.
•In tort wrongdoer violates some legal right vested in another
person.
•The law imposes a duty to respect the legal rights vested in
members of the society and the person making a breach of that
duty is said to have done the wrongful act.
•Crime is a wrongful act which results from the breach of a duty
recognized by the criminal law.
•Breach of contract it is also wrongful act which results from non
performance of a duty undertaken by a party to a contract.

4. •Similarly, tort is also a wrongful act, which results from the
breach of duty imposed by the law of torts.
•There is duty imposed on us, not to injure the reputation of
someone, when we breach that duty , it results in the tort of
Defamation.

5. •Tort is a civil wrong.
•All torts are civil wrong but all civil wrongs are not
tort.
•Tort is a civil wrong other than breach of trust or
breach of contract.
•In tort wrongdoer violates some Legal rights
vested in another person or It is a breach of duty
which amounts to a civil wrong.

6. WRONGFUL ACT
•A wrongful act can be either morally wrong or legally wrong
and can also be both at the same time.
•Moral wrong
•Legal wrong
•Liability for a tort arises when the wrongful act violates a legal
right or a breach or violation of a legal duty.
•If a person is prevented from voting by another, even if the
candidate he was going to vote for, wins, his legal right to vote
has been violated.

7. •We may define tort as a civil wrongwhich is
other than a breach ofcontractor a breach
of a trust& Which is redressible by an action
for unliquidated damages.
1.Tort is a civil wrong
2.Tort is other than a mere breach of contract or
and breach of trust
3.This wrong is redressible by an action for
unliquidated damages

8. •Tort is the body of law which allow a injured
person to obtain compensation from the person
committing the tort.
•An individual who commits a tort is called a
TORTFEASOR (Wrongdoer) . And where there
are multiple individuals involved,then they are
called as a JOINT TORTFEASORS. And their
Wrongful act is called as a TORTIOUS ACT.

9. THE LAW OF TORT IN INDIA
•The law of torts in India is mainly based on the English law of
torts which itself is based on the principles of the common law
of England.
•Roman –DELICT
•Sanskrit –JIMHA

10. •Tort is an elusive concept.
•Law of tort is an ever growing branch of law and has
constantly developed and the area covered in its Ambit
is continuously increasing. So there is no scientific
definition for the TORT.
•Law of tort mostly remains uncodified, so discretion of
the court in identifying a tort is very important, In recent
time some principles of tort law are codified –The
consumer protection act, the motor vehicle act, the fetal
accident act, the workman’s compensation act etc…

11. SOME DEFINITION OF TORT
•Sec.2(m),the limitation act 1963-Tortmeans a civil
wrongwhich is not exclusively a breachof contract or
breach of trust.
•Salmond-It is a civil wrong for which the remedy is a
common law action for unliquidated damagesand which
is notexclusively the breachof contract orbreach of a
trust or other merely equitable obligation.

12. •WINFIELD -Tortious liabilityarises from the breach
of Duty primarily fixed by the law:this duty is
towards personsgenerally &its breach is redressible
by an action for unliquidated damages.
•FRASER-It is an infringement of a right in remof a
private individual giving a right of compensation at
the suit of the injured party.

13. •A tort isnota crime. A Tort isnotcontractual in
nature.
•Tort is a private wrongthat contravens the legal
right of an individual or a group.
•Tort is a compoundable offence.
•TORT = ACTION or OMISSION + INFRINGED LEGAL
RIGHTS + LEGAL REMEDY
•Ubi jus ibi remedium: WHERE THERE IS A RIGHT,
THERE IS A REMEDY.

14. •Objectives of a tort:
•To determinerights between the parties to a dispute.
•To preventthe continuation or repetition of harm i.e. by giving
orders of injunction.
•To protectcertain rights of every individual recognized by law i.e.
a person’s reputation.
•To restoreone’s property to its rightful owner i.e. where the
property is wrongfully taken away from its rightful owner.

15. •THE NATURE OF TORT CAN BE UNDERSTOOD
BY DISTINGUISHING
1.Tort and Crime
2.Tort and Breach of contract
3.Tort and Breach of trust

16. TORT AND CRIME
1.Less seriouswrongsare
considered as a private
wrongsand have been
labelled as a civil wrong.
2.The suit is filed by the
injuredperson himself.
3.Compromise is always
possible possible.
1.More serious wrong have been
consideredto be public
wrongs & are known as crime.
2.The case is brought by the
state.
3.Except in certain cases
compromise is not possible.

17. 4. A person who commits tort
is a tortfeasor.
5. The wrongdoer pays
compensation to injured
party.
6. The remedy of tort is
unliquidated damages or
other equitable relief to the
injured.
7. Tort litigation is
compoundable.
4. A person who commits
crime is a criminal or
offender.
5. The Criminal is punished.
6. The remedy is to punish the
offender.
7.criminal cases are not
compoundable althoughsome
exceptionsas stated in
section 320 of CRPC.

18. TORT AND BREACH OF CONTRACT
1.Tort results from the breach
of such duties which are not
undertaken by parties
themselves but which are
imposed by law.
2.Duties imposed by law under
law of torts are not towards
any specific individual or
individuals but are towards
the world at large.
1.Breach of contract results
from breach of a duty
undertaken by the parties
themselves.
2.In a contract the duty is
based on the privityof
contract and each party
owes duty only to other
contracting parties.(stranger
to contract cannot sue)

19. 3.A tort is a violation of a right
in rem.(rightavailable against
the world at large)
4.Damages in cases of breach
of a tort are generally
unliquidatedand are
determined by the court on the
fact and circumstances of each
case.
5. In an action for tort, no privity
is needed or isnot required to be
proved.
3.A breach of contract is an
infringement of a right in
personam.(right only available
against some determinate person or
party)
4.In contract damages are fixed
according to the terms and conditions
of contract.( liquidated damages)
5.In a breach of contract privity
between the parties must be proved.

20. TORT AND BREACH OF TRUST
1.Damages of tort is
unliquidated.
2.Law of tort was part of
common law.
3.Tort is partly related to
the law of property.
4.Tortfeasor is a
wrongdoer.
1.Damages Of breach of
trust is liquidated.
2.Law of trust was part of
court of chancery.
3.Trust is a branch of law of
property.
4.Trustee is a wrongdoer,
beneficiary can claim
damages.

21. LAW OF TORT OR LAW OF TORTS
•SALMOND : Law of Torts ( pigeon-hole theory)
•WINFIELD: Law of Tort
•Law of tort i.e., Is everywrongful actfor which there is no
justification or excuse to be treated as a tort.
•law of torts , consisting only of a number of a specific
wrongsbeyond which the liability under this branch of Law
can’t arise.

22. ESSENTIAL OF A TORT
1.There must be some act or omission on the part of the defendant
2.The act or omission should result in legal damagei.eviolation of a
legal right vested in the plaintiff.
•Unless there has been violation of a legal right, there can be no
action under law of torts. If there has been violation of a legal right,
the same is actionable, the plaintiff has suffered any loss or not.
•TORT = ACTION or OMISSION + INFRINGED LEGAL RIGHTS +
LEGAL REMEDY

23. •There are 2 types of injury: -
•INJURIA SINE DAMNUM
•DAMNUM SINE INJURIA
INJURIAmeans violation of legal right
SINE means without
DAMNUM means damage or loss in respect of
money,comfort,health

24. •INJURIA SINE DAMNUM
•INJURIA COME DAMNUM
•DAMNUM SINE INJURIA
•SINE DAMNUM SINE INJURIA

25. INJURIA SINE DAMNUM
•Means violation of a legal right without causing any harm or loss
or damage to the plaintiff. The plaintiff can still go to the court
of law.There is no need to prove that plaintiff has suffered any
harm.
•There are Two kinds oF tort
1.ACTIONABLE PER SEi.e ( wrongful act ) actionable without the
proof of any damage or loss. eg:-tresspass
2.ACTIONABLE ONLY ON PROOFof some damage caused by
an act. eg.:-slander

26. DAMNUM SINE INJURIA
•Means causing of damage to another person is not
actionable in law unless there is also a violation of legal
right of plaintiff.
•When there is no violation of legal right no action can lie
in court of law even though the defendants act has
caused some loss or harm or damage to the plaintiff.

27. •INJURIA SINE DAMNUM
•ASHBY VS WHITE 1703
•BHIM SINGH VS STATE OF J&K 1986
•DAMNUM SINE INJURIA
•Gloucester grammar school case 1410
•Mogul steamship co. Vs McGregor gow and
co.1892
•Town area committee vs Prabhu Dayal 1975