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Legal Jargon for Law Students

Legal Jargon of the Law of
Torts
Tort:

A Tort is a civil wrong, independent of contract, the remedy for

which is an action for damages.

Explanation:

Wrongs are of two types which are as;

The Civil Wrong

The Criminal Wrongs

The civil wrongs are further divided into two categories, which
areas;

1) The Breach of a Contract

2) The Tort

While the criminal wrong is against the state and it is initiated by

FIR.

Now a civil wrong, which is not a breach of a contract, is a tort.

Rights:

Rights are of two types;

Right in Personum
Right in Rem

Right in Personum:

Right in personum is a right of a person from a specific person

or a determinant group of people. This is the performance of a
contract been concluded. If this contract is breached, then the
second party has the right to file a suit in the court, only and
only if, he has faced the loss. The loss in this case is always
liquidated.

Right in Rem:

Right in rem is that right of a person for which everyone and even
the whole community at large is held responsible to fulfil. For
example, the whole world or country or a community is not bound to
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me to respect at any cost, but they are bound to me not to defame

me.

Damages:

Damages in torts are unliquidated and the court fixes it, for no
one knows the degree of familiarity or respect of a person. So it is
the court which liquidates it.

Infringement of a Legal Right:

Infringement means to violate a legal right. Infringement of a legal

right is generally of two types;

Injuria sine damun

Damun sine injuria
Injuria Sine Damun:
Injuria means infringement of a legal right, sine means with
out and damun means damages. So it means that when a legal
right of a person is violated and no damages are made to him, then
this is a tort and it is actionable. It means that for a tort only
injuria is necessary. In some case if a person himself gives the
permission, then no action will be taken as according to a legal
maxim that ubi jus ibi remidium, which means that, where there
is a legal right, there is a remedy. So if there is remedy for a
legal right, then it is actionable.

Damun Sine Injuria:

Damun sine injuria means damages without violation of a

legal right.

It is not actionable according to the law of torts.

Example:

If A has milk shop and he sells milk Rs. 100 per Kg. Now B comes
to the same market with the intention to down As business and
sells the milk Rs. 50 per Kg. and B started selling milk Rs. 50 per
Kg. Although A faces a greater loss, but legally he cannot take
any legal action against B, although B would have expressly
said that he had to down As business.

Tort vs. Crime:

Some torts are offences as well. For example defamation if

punished by PPC, then it is an offence as well.

Difference in Remedy:

Remedy for a tort is damages and it is unliquidated and the

court has to liquidate it. If the tort is an offence as well, then
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there is punishment as well as damages for the aggrieved

person.

Tort vs. Breach of Contract:

The following are the main differences between tort and breach of a
contract.

1. In a contract both parties are duty bound

While
In a tort the whole world is duty bound.
2. In a contract mutual consent is necessary
While
In a tort there is no mutual consent.
3. In a breach of a contract, damages are liquidated

While

In tort damages are unliquidated.

4. Breach of a contract is violation of right in personum

While
Tort is the violation of right in rem.

Defamation:

Defamation is of two types;

Libel
Slander
Libel:
Libel is the defamatory statement in some permanent form as
in writing or publications making defamatory statement
when a third person knows that.
Libel is actionable per se, i.e. actionable per committing.
Libel is a tort as well as an offence. It is initiated by a criminal
proceeding and if the accused proved guilty, then a civil suit is
filed against him.
Slander:
Slander is a defamatory statement against someone in
transitory or temporary form as spoken words or caricature or
gesture.
It is not actionable per se. Two things are needed for it to make it
actionable, which are;
Committing the wrong,
Loss.
Innuendo:
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Innuendo means doing something else and intending something

else by it. For example, if A has lost his mobile and B is with him.
Now A narrates the story of his lost mobile to a third person C and
tells him that he has lost his mobile and adds that B is very honest
person and he has stolen the mobile. Then it is innuendo and it is
actionable.

Trespass:

Trespass is entering someone property or premises without his

permission or against his will.

Trespass is also actionable per se.

Intention:
Intention means just entering someone premises against his will.
For a trespass just intention is necessary.
Motive:
Motive is the ultimate intention. For example, entering someone
premises against his will is the intention, but after entering doing
some wrong is the motive.

Trespass to a Person:

When a legal right of a person is violated regarding his body as

threatening him or injuring him or depriving him of a body
organ or when his body part is weakened. All the above mentioned
torts are actionable per se, i.e. actionable per committing.

Assault:

Assault is an attempt to do some hurts to someone.

Example:
If A moves towards B showing that A kicks B or gives him a slap
and then he does not kick him or does not give him a slap, then, it
is just to threaten B. this is assault. It is actionable, only and only
if the following two conditions were found;

Threats to hurt.
Present ability to carry out the threat.

Exception:

There are also some exceptions from the damages as assault by

parents to their children and by teacher to the students as
teacher is regarded as Quasi Parental Authority.

Battery:

Battery is applying force hostilely against someone against his

will, injuring him or not.
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Example:

Touching someone body hostilely against his will, cutting

someone hair hostilely against his will or snatching something
from someone against his will are some examples of battery.

Mayhem:

When one of the parties is deprived of one of the limbs by

applying force, then it is called mayhem.

He may be deprived by the use of a stick or gun or punch or axe

or anything else.

The limbs or body part may be detached completely or weakened.

False Imprisonment:

Actually, in a public place, everyone has the liberty to go

anywhere. In this situation, if one is locked off from all the
directions, then it is a false imprisonment and it is actionable.

Negligence:

Negligence is doing the thing which an ordinary person does not

do and not doing the thing which an ordinary person does.

Example:

Driving a vehicle above the speed limit is a board face example

of negligence.

Strict Liability:

Strict means absolute and liability means responsibility. So it is

the absolute responsibility of a person.

Example:

Land is used for a natural purpose which is dwelling and

agriculture. Any use of the land other than this is called
unnatural use. For unnatural use one may be held responsible. If
one makes a water reservoir in his land, then it is possible that the
reservoir may leak out and harms someones building or
agricultural land. Then the owner of the water reservoir is held
responsible for that.

Malice:

Malice is having ill will against someone.

Malice is of two types;

Malice in Fact
Malice in Law
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Malice in Fact:
It is also called express malice. For example, if someone enters
ones premises against his will and beats him or kills him or does
any wrong to him, this is malice in fact. Note that express malice
is not actionable unless coupled with an injuria.
Malice in Law:
It is also called implied malice. For example, if A beats his wife in
his house and B is his neighbour. Now B enters As house without
As permission to save his wife from him. Then it is a trespass and
is actionable as law resumes that every unlawful act is
committed maliciously. So it is assumed that a lawful intention
cannot justify an unlawful act and a bad intention cannot
make a lawful act as unlawful.