NOTES ON LAW OF TORTS

Definition:
Tort means a "wrong" derived from the Latin word "tortum" meaning "twisted"
or "crooked". It refers to a civil wrong or wrongful act that results in injury or
harm to another, entitling them to civil remedies.

Key Features:
1. Civil Wrong: Distinguished from criminal wrongs, torts are pursued in civil
courts for compensation or injunctions.
2. Remedies: Unliquidated damages, compensatory or punitive, aimed at placing
the victim in the position they would have been had the wrongful act not
occurred.
3. Elements: Wrongful act, damage, and remedy.

Distinctions:
- Tort vs. Breach of Contract:
- Tort: Civil wrong with unliquidated damages, duty towards persons
generally.
- Breach of Contract: Breach of promise with liquidated damages, duty towards
specific person(s).
- Tort vs. Criminal Law:
- Tort: Civil wrong, compensation-focused.
- Criminal Law: Punishment-focused, state-initiated proceedings.

Sources:
- Common Law: Developed through judicial decisions, case law, and precedents.
- Statutes: Some torts are governed by specific statutes, such as the Motor
Vehicle Act and Consumer Protection Act in India.

Types of Wrongful Acts:

1. Intentional: Battery, assault, defamation, trespass.
2. Negligence: Careless behavior causing harm.
3. Strict Liability: Liability without fault or intent, often applicable to hazardous
activities.
- Absolute Liability: A stricter form of liability applicable to enterprises engaged
in hazardous activities, with no exceptions or defenses allowed.

A. Intentional Torts

Definition:
Intentional torts occur when the defendant causes injury to the plaintiff on
purpose. The plaintiff must show that the defendant's actions were intentional
and resulted in a particular consequence or injury.

Types of Intentional Torts:

1. Battery:
- Intentional and direct application of physical force to the plaintiff with intent
to cause harm or offense.
2. Assault:
- Intent to cause reasonable apprehension of imminent harm or offense in the
plaintiff's mind.
- Examples: Threatening gestures or actions that create fear of harm.

Key Elements:
- Intent: The defendant must have intended to cause harm or offense.
- Causation: The defendant's actions must have caused the plaintiff's injury.

Examples:
- Battery: Throwing hot water at someone or hitting them with an object.
- Assault: Throwing an object at someone and missing, or pointing a gun at
someone who believes it's loaded.

Distinction:
- Assault can occur without battery (e.g., threatening someone without physical
contact).
- Battery can occur without assault (e.g., hitting someone from behind without
warning).

3. False Imprisonment
- Definition: Intentional confinement or restraint of a person in a bounded area
without legal authority.
- Elements:
- Intent to confine or restrain.
- Actual confinement or restraint.
- Lack of legal authority.
- Example: Locking someone in a room without their consent.

4. Trespass to Land
- Definition: Physical invasion of someone's property without consent.
- Elements:
- Intent to interfere with possession.
- Physical invasion of property.
- Examples: Littering on someone's land, creating a drainage outlet on someone's
property.

5. Trespass to Chattels
- Definition: Interference with someone's lawful possession of goods.
- Elements:
- Intent to interfere.
- Interference with possession.
- Damage or deprivation of use.
- Example: Painting someone's car without their consent.

6. Conversion
- Definition: Wilful interference with someone's chattel, depriving them of use
and possession.
- Elements:
- Intentional use or intermeddling.
- Serious interference.
- Deprivation of use and possession.
- Example: Taking someone's property and selling it.

7. Unlawful Harassment and Intentional Infliction of Emotional Distress

- Definition: Deliberate acts causing harm or emotional distress.
- Examples:
- Lying about someone's family member's accident to cause emotional distress.
- Sexual harassment, such as unwanted messages or phone calls.

These intentional torts involve deliberate acts that cause harm or injury to
others, and can result in liability for damages.

8. Defamation
Definition:
Defamation is the publication of a statement that harms a person's reputation,
decreases respect or confidence, or induces negative opinions.

Types:
1. Criminal Defamation: A crime that can be prosecuted.
2. Civil Defamation: A civil wrong that can result in compensation.

English Law:
1. Libel: Defamation in a permanent form (writing, pictures).
2. Slander: Defamation in a transient form (spoken words, gestures).

B. Negligence
Definition:
Negligence is the breach of duty to take care, resulting in damages.

Elements:
1. Duty of Care: The defendant owes a duty of care to the victim.
2. Breach of Duty: The defendant fails to meet the standard of care.
3. Causation: The breach causes harm to the claimant.

Key Case:
- Donoghue v Stevenson: The duty of care principle can be explained by citing
an actual case. In Donoghue v Stevenson, a case decided in England, the plaintiff
Donoghue drank a soft drink (ginger beer) manufactured by the defendant
Stevenson. The drink had a decomposed snail in the bottle that made the
claimant ill. The court held that the manufacturer owed duty of care to those who
are ‘reasonably foreseeable’ to be affected by the product.

A manufacturer owes a duty of care to those who are "reasonably foreseeable" to

be affected by their product.
To give another example, a landlord owes a duty of care with reasonable
foresight to his tenants and should ensure that no hazardous substance like
petrol is stored by him in the basement of the apartment where tenants stay.

To establish negligence, the claimant must prove these three elements.

1. the defendant owes a duty of care to the victim;

2. there has been a breach of duty of care on part of the defendant; and

3. the breach of the duty to care resulted in the harm suffered by the claimant.

C. No-Fault Liability

Definition:

No-fault liability refers to situations where a defendant is liable to pay

compensation even if the violation of the claimant's right is not done by the
defendant.

Types:

1. Strict Liability

2. Absolute Liability

Strict Liability

- Definition: A person is liable for damages even in the absence of fault or

criminal intent.

- Key Case: Rylands v Fletcher (1868)

THE CASE: The rule of strict liability evolved in the year 1868, in the case of
Rylands Vs. Fletcher which took place in England. Rylands and Fletcher were
neighbours. Rylands owned a mill for whose energy requirement he constructed
a water reservoir on his land. The work of construction was done by an
independent contractor who was negligent in his work. Due to this negligence,
the water escaped and leaked into Fletcher’s mines, causing heavy losses to him.
Fletcher sued Rylands for the damage caused.

Rylands took the defence that the construction work was carried out by an
agency and was inspected by an engineer. It was contended that Rylands was not
a part of the work and was also not informed about the security regarding the
construction. The court held that it does not matter what care the appellant
took but he was responsible for the damage as he brought such an article to
his premises which could be dangerous if it escapes.

- Principles:

1. Dangerous Thing: Non-natural use of land.

2. Escape: The escape of a dangerous thing.

3. Liability: Damage caused by the escape.

Exceptions to Strict Liability:

1. Plaintiff's Own Fault

2. Act of God

3. Mutual Benefit

4. Act of Stranger

5. Statutory Act

Absolute Liability

- Definition: An enterprise engaged in hazardous or inherently dangerous

activity owes an absolute duty to ensure no harm is caused.

- Key Case: M.C. Mehta v. Shri Ram Foods and Fertilizer Industries (1987)

- Principles:

1. Enterprise: Commercial objective.

2. Hazardous Activity: Inherently dangerous activity.

3. No Escape Requirement: No need for escape to establish liability.

In absolute liability, the enterprise cannot plead exceptions or defenses like "Act
of God" or "Act of Stranger."

Differences Between Strict Liability and Absolute Liability

1. Application:

- Strict Liability: Applies to individuals.

- Absolute Liability: Applies to enterprises (commercial undertakings).

2. Escape Requirement:

- Strict Liability: Requires escape of hazardous/dangerous components from

premises.

- Absolute Liability: No escape requirement.

3. Exceptions:

- Strict Liability: Defendant has certain exceptions (e.g., Act of God, Act of
Stranger).

- Absolute Liability: No exceptions for defendant.

4. Liability:
- Strict Liability: Defendant liable for damages without intent or negligence.

- Absolute Liability: Enterprise absolutely liable for damages, regardless of

precautions or negligence.

5. Compensation:

Strict liability: The compensation is as per the nature and quantum of damages
incurred in case of strict liability.

Absolute liability: In absolute liability, the quantum of damages relies on the

magnitude and financial capability of the organization.

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