Key Principles of Tort Law in India

 

Key Principles of Tort Law in India

1. Definition of Tort
   A civil wrong for which the law provides a remedy, usually compensation.

2. Elements of a Tort

   • Wrongful act or omission

   • Injury or harm to the plaintiff

   • Causation — the act caused the injury

   • Legal remedy — usually damages

3. Types of Torts

   • Negligence — failure to exercise reasonable care

   • Nuisance — unlawful interference with use/enjoyment of land

   • Trespass — unlawful entry onto land or interference with goods

   • Defamation — injury to reputation

   • Strict liability — liability without fault (Rylands v. Fletcher rule)

   • Vicarious liability — liability for acts of another (e.g., employer for employee)

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📚 Landmark Indian Tort Cases

1. M.C. Chockalingam v. Union of India (1957)

   • Government liable for negligence in maintaining public property causing injury.

2. Municipal Corporation of Delhi v. Subhagwanti (1966)

   • Municipality held liable for injury caused by negligence (falling bricks).

3. State of Rajasthan v. Vidhyawati (1962)

   • Government can be sued in tort for negligence causing death/injury.

4. Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978)

   • Government bodies liable in tort like private persons.

5. Rylands v. Fletcher (English case adopted in India)

   • Strict liability principle: if you bring something likely to cause harm onto your land, you’re strictly liable for damage if it escapes.

6. Donoghue v. Stevenson (1932)

   • Foundation of modern negligence law: “duty of care” principle (adopted in India).

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💡 Practical Notes

• Tort law compensates for loss or damage due to another’s fault or strict liability.

• It’s separate from criminal law but some acts overlap (e.g., assault).

• You must prove duty of care, breach, causation, and damage in negligence.

• Government and its agencies can be held liable under tort law.