Law of Torts: An Overview

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1. What is Tort Law?

• Tort law deals with civil wrongs that cause harm or loss to individuals.

• It provides remedies (usually monetary compensation) to the injured party.

• The wrongdoer (defendant) can be held liable for their wrongful act or omission.

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2. Definition of Tort

Several definitions exist, here are some key ones:

• Salmond:

  “A civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of contract or other merely equitable obligation.”

• Winfield:

  “A tort is a breach of a legal duty which is owed to someone, and which results in harm or injury to that person.”

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3. Nature and Characteristics of Tort

• Civil wrong distinct from criminal offenses.

• Based on legal duty imposed by law towards others.

• Remedy is usually damages (compensation).

• A tort may be intentional or negligent.

• Tort law aims to provide compensation, deterrence, and sometimes restitution.

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4. Essential Elements of a Tort

To establish a tort, these elements must be proved:

1. Existence of a legal duty:
   Duty owed by defendant to plaintiff.

2. Breach of duty:
   The defendant violated this legal duty.

3. Causation:
   The breach caused harm or loss to the plaintiff.

4. Damage or injury:
   Actual harm or loss suffered.

5. Remedy:
   The law provides a remedy for the injury.

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5. Types of Torts

A. Intentional Torts:

• Assault and Battery

• False Imprisonment

• Trespass to Land or Goods

• Defamation

• Nuisance (private/public)

B. Negligence:

• Failure to exercise reasonable care leading to injury.

• Most common tort in personal injury cases.

C. Strict Liability:

• Liability without fault.

• Example: Rylands v. Fletcher — escape of dangerous substances.

D. Economic Torts:

• Interference with trade, business or economic relations (e.g., conspiracy, inducement of breach of contract).

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6. Remedies in Tort

• Damages: Monetary compensation for injury or loss.

• Injunction: Court order to stop wrongful act.

• Restitution: Returning property or reversing unjust enrichment.

• Specific restitution: Restoring the injured party to original position.

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7. Distinction between Tort, Crime and Contract

Aspect	Tort	Crime	Contract
Nature of wrong	Civil wrong	Public wrong	Breach of agreement
Purpose	Compensation to victim	Punishment/deterrence	Enforcement of promises
Party suing	Injured individual	State	Contracting parties
Remedy	Damages, injunction	Fine, imprisonment	Damages, specific performance

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8. Important Principles

• Negligence: Duty of care, breach, causation, and damage.

• Vicarious liability: Employer liable for employee’s torts.

• Contributory negligence: Plaintiff’s own negligence reduces compensation.

• Volenti non fit injuria: Consent to risk excludes liability.

• Res ipsa loquitur: “The thing speaks for itself” – inference of negligence.

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9. Examples of Common Torts

Tort	Brief Explanation
Trespass to land	Unauthorized entry onto another’s land
Defamation	False statement harming reputation
Nuisance	Interference with use/enjoyment of property
Negligence	Careless acts causing injury
False imprisonment	Unlawful detention of a person

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10. Landmark Cases in Tort Law

• Donoghue v. Stevenson (1932): Established duty of care principle in negligence.

• Rylands v. Fletcher (1868): Established strict liability for hazardous activities.

• M.C. Chockalingam v. Union of India (1957): Government liability in tort.

• Bangalore Water Supply v. A. Rajappa (1978): Government can be liable for torts.