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Concept of Civil Wrong

This document defines the concept of civil wrong or tort and distinguishes it from crimes and breaches of contract. It outlines the essential elements of a tort as a wrongful act that results in legal damage to another and gives rise to a legal remedy. The document distinguishes between different kinds of torts such as torts affecting persons, reputation, property, and those involving negligence, nuisance, and fraud. It also discusses remedies available for torts, including extra-judicial remedies by parties and judicial remedies from courts such as damages, specific restitution, and injunctions.

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Narendra Kumar
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128 views19 pages

Concept of Civil Wrong

This document defines the concept of civil wrong or tort and distinguishes it from crimes and breaches of contract. It outlines the essential elements of a tort as a wrongful act that results in legal damage to another and gives rise to a legal remedy. The document distinguishes between different kinds of torts such as torts affecting persons, reputation, property, and those involving negligence, nuisance, and fraud. It also discusses remedies available for torts, including extra-judicial remedies by parties and judicial remedies from courts such as damages, specific restitution, and injunctions.

Uploaded by

Narendra Kumar
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Concept of Civil Wrong

Are these acts wrongs ?


A agrees to buy B s house for 10 lakhs. He lakhs. pays the amount but B refuses to hand over the possession of the house. house. l A invites B for dinner at his house. B house. promises to attend the same but does not do it. it. l A, who is starving approaches B and pleads to provide some food. B refuses to food. do so. A falls unconscious and later dies. so. dies.
l

A enters upon B s property without his consent and continues to remain on it even when asked by B to get out of it. A enters upon the property of B injuring the watchman and steals fruits from his garden.

Tort derived from Latin term Tortum which implies conduct that is twisted l Tortious liability
l
l Arises

from a breach of duty fixed by law l This duty is towards persons generally l Its breach is redressed by civil action for unliquidated damages

Essentials of a Tort
l There

must be a wrongful act committed by a person l It must result in legal damage to another l Injury without damage actionable
(injuria sine damno)
l Damage l It

without injury not actionable

(damnum sine injuria)

must give rise to a legal remedy

(ubi jus ibi remedium)

Distinction between a Tort and a Breach of Contract


l

Tort
l l l

Breach of Contract
l l l

Duty imposed by law Violation of a right in

Duty imposed by the parties to the contract Violation of a right in

rem

personam

Damages are unliquidated

Damages are liquidated

Distinction between a Tort and a Crime


l l

Both are violations of rights in rem In both the cases, duties are imposed by law

Tort
l l l

Crime
l l l

Private Wrong Breach of Private Duties Object of action is compensation Individual has to approach a Civil Court for redressal

Public Wrong Breach of Public Duties Object of action is punishing the wrong doer State initiates prosecution against the wrong doer

Kinds of Torts
l

Torts affecting the person


l Assault

intentionally creating an apprehension in another person that force would be used against him l Battery intentional application of force to another without lawful justification l False Imprisonment total restraint on the liberty of the person without lawful justification

Torts affecting reputation


l Defamation

publication of a statement which is false and defamatory by the defendant which refers to the plaintiff
l Libel

defamatory statement which is addressed to the eye and is actionable per se l Slander defamatory statement which is addressed to the ear and is actionable only on proof of damage

Malicious Prosecution
l defendant

instituting prosecution l with malice and without reasonable and probable cause l against the plaintiff thereby affecting his liberty, property and reputation and l the prosecution must have ended in plaintiff s favour

Torts affecting Immovable Property


l Trespass

unlawful entry upon the land of another or unlawful interference with the possession of land of another l Dispossession withholding the possession of land from the rightful owner l Injury to easements injury to a right to support of land and buildings, right to light and air, right to way, right of water and right of privacy

Torts affecting Moveable Property


l Trespass

to goods wrongfully taking goods out of plaintiff s possession or forcibly interfering with the goods l Detention wrongfully withholding the immediate possession of goods from one who is entitled to it l Conversion willful interference without lawful justification with goods in a manner inconsistent with the rights of the owner

Torts affecting both person and property


l Negligence

breach of duty of care owed by the defendant to the plaintiff resulting in harm to the plaintiff l Nuisance unlawful interference with the use or enjoyment of property or with the exercise of common right l Fraud making a false statement knowingly or recklessly with an intention that another should rely and act to his detriment and the other does so act

Remedies
l

ExtraExtra-judicial remedies act of the parties


l Self

Remedies by the

help l Abatement of Nuisance l Distress damage feasant

Judicial Remedies from the Courts


l Damages

Remedies available

pecuniary compensation l Specific Restitution of property l Injunctions (Temporary or Permanent), (Mandatory or Prohibitory)

Damages
l Nominal

damages in recognition of a right l Substantial compensation for the actual loss l Contemptuous marks a disapproval of the plaintiff s conduct l Exemplary punitive in nature

Any Questions ?

Thank you

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