An Introduction to the Study of Tort

AN INTRODUCTION TO THE LAW OF TORTS

Nayab Naseer

Smashwords Edition

Copyright 2017 Nayab Naseer

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TABLE OF CONTENTS

What is Tort?

Essential Conditions of Liability in Tort

Tort vs Contract vs Crime

General Defences

Remoteness of Damage

Novus Actus Intervenis

Independent Tortfeasors v Joint Tortfeasors

Vicarious Liability

Doctrine of Common Employment

Strict Liability

Absolute Liability

Capacity

The State in Tort

Abuse of Legal Procedures

Champerty and Maintenance

Discharge of Tort

Liability of Occupiers

Liability of Dangerous Chattels

What is Tort

Tort = latin word tortum (to twist), meaning conduct which is twisted, crooked, or not straight

Wrongful act whereby wrongdoer violates some legal right vested in another person

Law imposes duty to respect legal rights, and person who makes a breach of such legal rights commits a wrongful act.

Salmond: Tort is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of contract ort breach of trust or other merely equitable obligation.

Winfield: It is an infringement of a right of a private individual giving the right of compensation at the suit of the injured party

1. Tort is a civil wrong : aggrieved party initiates legal proceedings for damages

2. it is more than mere breach of trust or contract

3. Wrong should be redress able by action for unliquidated damages (damages not previously determined)

When there is both violation of contract and civil wrong, person can file a case on either ground, not both. However, criminal case can run concurrently.

Law or Tort or Law of TortS

Essential Conditions of Liability in Tort

To constitute a tort

1.There should be an act or omission on the part of the defendant. eg. There should be a trespass, negligence etc which is recognized by law. For eg, not helping a starving man cannot be ground for tort, but old age home starving inmates is grounds for negligence

2.Such act or omission should violate the plaintiff’s legal right (cause legal damage). The legal damage may be injuria sine damno or damnum sine injuria.

3.Mens rea or mental element is essential in criminal law. However there is no such essential requirement in torts.

Injuria sine damno (damage without injury)

Violation of legal right without causing any loss or damage to plaintiff – covers torts which are actionable per se, without requiring proof of damage - Eg: trespass to land

•Ashby v White: Returning officer refused to take plaintiff’s vote. The candidate plaintiff intended to win won, but the defendant was still made liable for violating plaintiff’s right

•Bhim Singh v J&K: Petitioner, an MLA was wrongfully detained by polcie, and deprived of constitutional right to attend assembly session and vote therein. Court awarded him damages

Court may hand either nominal or exemplary damage. In Bhim Singh’s case, court awarded exemplary damage of 50,000 Rs

Damnum sine injuria (damage without injury)

Damage