Torts1

1. Which is not a valid defence in Tort ?

Ans Scienti non fit injuria
2. One of the remedies for false imprisonment is;
Ans: Habeas Corpus
3. Who propounded Law of Torts ?
Ans: Fredrick Pollock in 1887.
4. ) Who propounded Pigeon Hole Theory ?
Ans: Salmond
5. The last opportunity rule is related to
Ans : Hanging of the convict
6. Ashy Vrs. White case is related t
Ans: Injuria sine damnum
7. Putting destruction on the road is,
Ans. (ii) Negligence
8. M.C. Mehta Vrs. UOl is related with ;
Ans:(ii) Absolute liability
9. M.C Mehta case is connected with
Ans: Contractual Liability
10. Motor Vehicle Act passed in the year
Ans. 1988
11. Consumer Protection Act passed in the year
Ans- 24 December 1986.
12. In which case the doctrine of strict liability had been propounded?
Ans. Rylands v. Fletches ( Damages)
13. Which word has a latent defamatory meaning
Ans. Innuendo
14. Which of the following is not a valid defence in torts?
Ans:Volenti non fit Injuria
15. Negligence involved
Uum: Carelessness
16. What is the meaning of Res ipsa Loquitar
Ans:The Thing Speaks For Itself
17. Cassidy Vs Daily Mirror Newspaper Ltd case is related
Ans: Constituting Defamation.
18. Polemis Vs Furness Withy and Co Ltd. case is related to
Ans: Negligence
19. Donoghne Vs Stevenson case is related to
Ans: Law of Negligence: Customer protection Act
20. What is the meaning of Injuria Sine Damno?
Ans: Injury Of Legal Rights Without Damage.
21. Obstruction of Public Road is
Ans: Public Nuisance
22. Write one defence of damage of negligence
Ans: An Inevitable accident
23. What is the remedies of false imprisonment
Ans:action for loss, nominal and compensatory damages, writ of habeas corpus, and
self-help..
 Torts2

24. On which of the following Principles. Master is liable for the Act of Servent
Ans: Vicarious Liability
25. A Master is liable for the torts committed by his servant when the Servant Act?
Ans: In the course of Employment
26. The essential characteristics of Torts is violation of -
Ans: Right in Rim
27.
28. Re-polemis case is related to which principal of Torts
Ans- Law of Negligence
29. Jurisdiction of the National Commission
Ans: Supreme court matter
30. The consumer protection Act come into force on 15th April 1987
31. 2. Complainant is defined under Section 2 (1) (d) of the C.P.Act.
32. Complaint is defined under Section of the C. P Act Section 2(1)(c)
33. Consumer is defined under Section 2 (1) (d) of the C.P.Act.
34. Consumer dispute is defined in section of CP Act Section 2(1)(e)
35. Unfair Trade Practice is defined in Section 2(1) (r) of the C.P.Act.
36. The Pecuniary jurisdiction of the District Consumer Forum is Donat excedits 20
La
37. The Pecuniary jurisdiction of the State Commission is 20. Lacs to 1lacs
38. The Pecuniary jurisdiction of the National Commission is exceed Rs.1ICr
39. According to Section 23 of the C.P.Act, aggrieved forum can file an appeal in
the Supreme Court against the order of National Commission within 30 days
from the date the order
 Torts3

1. Torts
Torts law is the area of the law that covers most civil suits. In general, any claim that arises
in civil court, with the exception of contractual disputes, falls under tort law.

The concept of tort law is to redress a wrong done to a person and provide relief from the
wrongful acts of others, usually by awarding monetary damages as compensation. The
original intent of tort is to provide full compensation for proved harms.
Lawsuits involving contracts fall under contract law.
Tort law requires those who are found to be at fault for harming others to compensate the
victims. Typical harms include the loss of past or future income, payment of medical
expenses, and payment for pain and suffering. There may also be additional punitive
damages that are meant to punish the plaintiff in excess of full compensation.
Understanding Tort Law
Tort law can be split into three categories: negligent torts, intentional torts, and strict liability
torts.
Negligent torts are harms done to people through the failure of another to exercise a certain
level of care, usually defined as a reasonable standard of care. Accidents are a standard
example of negligent torts.
Intentional torts are harms that have been caused by the willful misconduct of another, such
as assault, fraud, and theft.
Strict liability torts, unlike negligence and intentional torts, are not concerned with the
culpability of the person doing the harm. Instead, such cases focus on the act itself. If
someone or some entity commits a certain act—for example, producing a defective
product—that person or company is responsible for the damage done, regardless of the
level of care exercised or their inintention
2. Damages
Damages under Tort Law is referred to as a form of compensation that a person responsible
for the tortious activity gives to the victim.
“Damages” is often mistaken for “damage.” It should be known, though, that these two words
are significantly different and distinct from one another. Although “damages” refers to the
compensation awarded or sought, “damage” refers to the harm or loss that has been done.
In order to claim damages, person is required to show that he has suffered an injury
(violation of legal rights); unless he proves that, he couldn’t claim damages.
Injuria sine damnum : It means that there is a legal injury without any actual damage. Here
the legal right of an individual is violated therefore he has a right to go to the court to enforce
such right. It will be immaterial that he didn’t suffer any loss, as long as there is violation of
his rights, he can claim damages.
Damnum sine injuria: It means that there is actual damage but no legal injury and thus the
person cannot go to the court to enforce his right because he has no such right in the
absence of a legal injury.
It is notable at this juncture that, in general, losses can be distinguished from rewards.
Compensation is a wider category that covers payments rendered to an individual for any
form of loss or harm incurred due to illegal causes such as the possession of the property
from another party or regulatory infringement, termination of a job; moreover, penalties
derive from wrongs in motion.Damages have acquired a great deal of importance, especially
in the sense of commercial transactions and as disciplinary remedies for the infringement of
the rights of persons involved.
 Torts4

3. Defamation
Defamation Law in India:
Article 19 of the Constitution grants various freedoms to its citizens. However, Article 19(2)
has imposed reasonable exemption to freedom of speech and expression granted under
Article 19(1) (a). Contempt of court, defamation and incitement to an offence are some
exceptions.

Defamation is an offence under both the civil and criminal law. In civil law, defamation is
punishable under the Law of Torts by imposing punishment in the form of damages to be
awarded to the claimant. Under the Criminal law, Defamation is a bailable, non-cognizable
offence and compoundable offence. Hence a policeman may arrest only with an arrest
warrant issued by a magistrate. The Indian Penal Code punishes the offence with a simple
imprisonment up to two years, or with fine, or both

4. Mistake
Mistake means when one commits an error in understanding or when one understands or
perceives wrongly.

Mistake may be of two kinds—(a) Mistake of fact, and (b) Mistake of law. Mistake whether
of fact or of law, is generally no defence to an action for tort. When a person willfully
interferes with the rights of another person it is no defence to say that he had honestly
believed that there was some justification for the same, when, in fact no such justification
existed.

But the general rule stated above is subject to certain exceptions provided the defendant
acts reasonably. Wherever malice or a wrongful motive has to be proved by the plaintiff,
mistake will furnish a good defence. For example, for the wrong of malicious prosecution it is
necessary that the defendant had acted maliciously and without reasonable cause and if the
prosecution of an innocent man is mistaken it is not actionable.

5. Absolute Liability
Law should be dynamic and keep changing according to the needs of the modern world. It
won't be appropriate to use centuries-old principles and laws on present cases and incidents
as the world are changing or improving in terms of technology, economic activities,
behaviour, culture and overall at all aspects.

The concept of Absolute liability was also transformed in the same manner where economic
activities and industrialization in today's frame is far different from what it was in the past. So
the principle of No Fault Liabilit' was introduced which is the base for the absolute liability
concept. In India, the need for such a principle arose out of unfortunate tragic incidents like
Bhopal Gas Leak Case' and 'Oleum Gas Leak case where the Supreme Court of India
stepped in and started to hold this principle of absolute liability which actually evolved from
the principle of No Fault liability in English law
 Torts5

6. Strict Liability
In the words of legal scholar, Sir John Salmond:
A tort is a civil wrong for which the remedy is an action for unliquidated damages, and which
is not exclusively the breach of a contract, or the breach of a trust, or the breach of other
merely equitable obligation."
(N Pradhan, n.d.) Taking into context the uncodified Law of Tort, within circumstances of a
wrongful act or an infringement of rights, civil liability is bound to fall upon the tortfeasor. In
the landmark case in 1868 of Rylands v Fletcher the rule was established called Strict
Liability and accepted by the House of Lords. Strict liability is one of the many kinds of Tort
that came into existence to ensure the imposition of liability on an individual or an entity in
case of acts leading to damages or losses, even if these acts were unintentional
consequences. Hence, strict liability is also called the No-Fault Liability.
The immateriality of intention and due care is the fine line that sets out strict liability from
negligence. The court allows the defendant to engage in such risk imposing activities as long
he stands ready to compensate those inflicted. If this rule ceased to exist, it would bring an
unequal balance of rights between the wrongdoer and the victim
If we go by the definition Strict Liability is when due to the negligence of the Tortfeasor, any
dangerous thing escapes from his/ her premises and harms anyone/ anything, then the
liability is said to be strict liability.

7. Assault
you’ve ever been the victim of assault, you know that it can be a frightening experience.
Assault is a crime that can happen to anyone, and it’s often accompanied by violence. In this
blog, we will discuss the definition of assault and battery in the law of torts and discuss some
of the different ways that these crimes can manifest themselves.
Assault is an intentional, unlawful threat by word or act to do bodily harm to another person.
In order to commit assault, the defendant must have made an apparent attempt to carry out
their threat – they must have shown that they were capable of harming the victim if not
prevented. This means that assaulting someone without actually injuring them is not
considered an assault. However, making a threatening gesture or statement is enough to
constitute aassault

8. Battery
When it comes to assault and battery in the law of torts, most people are familiar with the
terms assault and battery. However, these terms have a more specific definition that you
may not be aware of. In short, assault is defined as an attempt or threat to harm another
person, while battery is the actual physical act of harming someone.

To make a successful claim for assault or battery, the plaintiff must prove that the defendant
had the intent to cause harm. This means that even if the defendant did not actually injure
anyone – for example, by throwing a punch – he or she can still be liable if he or she had
intent to cause harm. This can include anything from making unwanted contact to throwing
something at someone.
In addition to proving intent, the plaintiff must also show that the defendant committed an act
of physical contact that was unwanted and harmful. This can be anything from touching
someone without their consent to punching them in the face. Even if there is no injury
inflicted as a result of this contact, it can still be considered battery under some
circumstances.
 Torts6

9. Act of God
Act of God serves as a good defence under the law of torts. It is also recognized as a valid
defence in the rule of ‘Strict Liability’ in the case of Rylands v. Fletcher[28].
The defence of Act of God and Inevitable accident might look the same but they are
different. Act of God is a kind of inevitable accident in which the natural forces play their role
and causes damage. For example, heavy rainfall, storms, tides, etc.
Essentials required for this defence are:
Natural forces’ working should be there.
There must be an extraordinary occurrence and not the one which could be anticipated and
guarded against reasonably.

10. Statutory authority

If an act is authorised by any act or statute, then it is not actionable even if it would constitute
a tort otherwise. It is a complete defence and the injured party has no remedy except for
claiming compensation as may have been provided by the statute.
Immunity under statutory authority is not given only for the harm which is obvious but also
for the harm which is incidental.
In Vaughan v. Taff Valde Rail Co.[41], sparks from an engine of the respondent’s railway
company were authorised to run the railway, set fire to the appellant’s woods on the
adjoining land. It was held that since they did not do anything which was prohibited by the
statute and took due care and precaution, they were not liable.
11. Volenti non fit injuria
In case, a plaintiff voluntarily suffers some harm, he has no remedy for that under the law of
tort and he is not allowed to complain about the same. The reason behind this defence is
that no one can enforce a right that he has voluntarily abandoned or waived. Consent to
suffer harm can be express or implied.
Some examples of the defence are:
When you yourself call somebody to your house you cannot sue your guests for trespass;
If you have agreed to a surgical operation then you cannot sue the surgeon for it; and
If you agree to the publication of something you were aware of, then you cannot sue him for
defamation.
A player in the games is deemed to be ready to suffer any harm in the course of the game.
A spectator in the game of cricket will not be allowed to claim compensation for any
damages suffered.
For the defence to be available the act should not go beyond the limit of what has been
consented.
12. Vicarious Liability
Vicarious liability is when you are held partly responsible for the unlawful actions of a third
party, although the third party also carries a share of the liability.
Vicarious liability can arise in situations where one party is responsible for (and have control
over) a third party and is negligent in carrying out that responsibility and exercising their
control. A supervisory party would bear responsibility for the actions of a subordinate or
associate based on their relationship.
1Vicarious liability is when a supervisory party is liable for the negligent actions of a third
party for whom they are responsible2.Employers have a greater chance of avoiding vicarious
liability by proactively exercising reasonable care to prevent employees' negligent behavior.
Parents can also be held vicariously liable for negligent or criminal actions of their cchildren.
 Torts7

13. Consent
Consent is an affirmative defense that may be available to you if you are being sued for an
intentional tort. Under this theory, a person who voluntarily consents to a particular act
cannot also claim that the same act is an intentional tort. The law generally recognizes that
"to one who is willing, no harm is done." Consent can be given expressly in writing or
verbally, and can also be implied by a person's conduct. Whether consent was given is
judged on an objective standard, namely, if a “reasonable person” could conclude that
consent was given.
A good example of the consent defense to intentional torts is voluntarily participating in a
tackle football game. If you knowingly choose to participate in this game, then you consent to
being touched by other players, even to being tackled. You likely could not sue for the
intentional torts of assault or battery if you were injured from being tackled, since you
consented to this activity. However, if the act in question exceeds the consent you have
given, then it may be an intentional tort. For example, if during the football game, an
opponent gets worked up and punches you in the face, this behavior exceeds the permission
you gave, and you may be able to sue that person.

14. volenti non-fit injuria

In the law of torts, there is a duty on every person do acts with reasonable care in order to
avoid any harm which may occur due to their failure of taking such care. For e.g., If a person
is driving his car, he has a duty to drive the car safely and within speed limits so that no
accident occurs which can also harm any other person.
This is the general rule in torts but there are certain exceptions which are allowed in these
cases and these called as defences to tort. Under these defences, a defendant can escape
liability and volenti non-fit injuria is also one such defence which is available for the
defendant.
In case a person gives his consent to doing of an act which leads to him getting injured,
then even if an injury is caused by the other person, he cannot claim any damages from that
person because the act was one for which he voluntarily consented. The consent of the
plaintiff acts as a defence and this defence is called volenti non fit injuria which means to a
willing person no injury happens.

15. Contributory Negligence

Negligence is a type of tort which means a breach of duty (duty to take care) by one person
which causes damages to another person. It is an act of carelessness and ignorance on the
part of the defendant which he is obligated to perform which a rational and prudent man
would not do.
In general, negligence is the omission to perform a duty which results in the plaintiff’s injury.
Negligence is committed in respect of both person and property.
Breach of duty to take care and measures in order to avoid any kind of performing an act is
the basic requirement in order to raise liability of negligence. Suit for negligence arises when
there is a breach of duty which is recognised by law.
Illustration
A)- If a doctor while performing a surgery accidentally leaves one of his tools inside the body
of the plaintiff, this will give rise to actionable negligence as the doctor was negligent on his
part and completely ignored his duty to take care.
B)- If A, who was driving at the wrong side met with a collision from another car will be held
negligent on his part and is liable to pay compensation.
 Torts8

1. Discuss the main objectives of Consumer Protection Act, 1988,

Explain the jurisdiction of National Commission.
The consumer protection Act, 1986 applies to all goods and services. The central
government however by notification published in the Official Gazette exempts any goods (or)
Services.
The objectives of the Consumer Protection Act, 1986 are as follows:-
1. Better Protection of Consumers:
The act seeks to provide for the better protection of the interest of consumers and for that
purpose, makes a provision for the establishment of consumer councils and other authorities
for settlement of consumer disputes and for matters connected therewith.
2. Protection of rights of consumers:
The Act seeks to promote and protect the rights of consumers such as:-
a) The consumer has the right to be protected against the marketing of goods and services
which are hazardous to life and property.
b) They have the right to be informed about the quality, quantity, potency, purity, standard,
and price of goods (or) services so as to protect the consumers against unfair trade
practices.
c) The consumers also have the right to seek redressal against the unfair trade practices (or)
restrictive trade practices of exploitation of the consumers. And
d) The consumer has the right to education.
3. Consumer protection Councils:
The objectives of the Consumer Protection Act, 1986, are sought to be promoted and
protected by the Consumer Protection Councils established at the central and state levels.
4. Quasi-Judicial machinery for the speedy redressal of consumer disputes:
The Act also seeks to provide speedy and simple redressal to consumer disputes. For this
purpose, there has been set up quasi-judicial machinery at the district, state, and central
levels. These quasi-judicial bodies are supposed to give reliefs of a specific nature, and also
provide compensation to consumers whenever appropriate.

● Jurisdiction of the National Commission

Subject to the other provisions of this Act, the National Commission shall have jurisdiction –
(a) to entertain –
( i ) complaints where the value of the goods or services and compensation, if any, claimed
exceeds rupees
twenty lakhs ; and
(ii) appeals against the orders of any State Commission; and
(b) to call for the records and pass appropriate orders in any consumer dispute which is
pending before or has been decided by any State Commission where it appears to the
National Commission that such State Commission has exercised a jurisdiction not vested in
it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its
jurisdiction illegally or with material irregularity.
 Torts9

2. Discuss the salient features of Motor Vehicle Act, 1988?

With growing urbanisation and rising incomes, the number of motor vehicles in India has
been increasing steadily. An increase in the number of vehicles on roads, led to an increase
in the number of road accidents. The Motor Vehicles (Amendment) Bill, 2019 seeks to
amend the Motor Vehicles Act, 1988 to address various such issues like road safety, third
party insurance, vehicle's health, and compensation for victims of road accidents.
Salient Features of the Bill to ensure safer roads:
1. Road Safety: The Bill proposes to increase penalties for traffic violations. It will act as a
deterrent.. It proposes stricter provisions for offences such as drunken driving. juvenile
driving, driving without licence, over-speeding, dangerous driving and overloading.
It also proposes stricter provisions for driving without helmets.
2. Vehicle Fitness: The Bill includes a provision that mandates automated fitness testing for
vehicles. This will improve road safety by removing unfit vehicles.
. The motor vehicles bill also proposes penalty for deliberate violation onsafety and
environmental regulations. . The bill proposes regulation of the process of testing and
certification of automobiles.
It also proposes to bring agencies issuing automobile approvals to be brought under the
Motor Vehicles Act, 1988 and vehicle testing standards to be set.
3. Environmental and road health: The Bill mandates the recall of defective motor vehicles
if the defect may cause a threat to the environment, or the driver or other people on the road.
In such a case, the recalled vehicle's manufacturer will have to:
. Reimburse the vehicle owner the full cost of the vehicle. Replace the defective vehicle with
another vehicle of similar make.
4. Road Safety Board: The Motor Vehicles (Amendment) Bill, 2019 provides for the setting
up of a National Road Safety Board by the central government.
The National Road Safety Board will advise the central and state governments on all aspects
of road safety and traffic management including
registration and licensing of vehicles, standards of motor vehicles, standards for road safety
andpromotion of new vehicle technology.
5. Protection of Good Samaritan: The bill incorporates Good Samaritan guidelines in
order to help road accident victims. The Bill defines good samaritan as a person who
provides emergency medical or non-medical assistance to a road accident victim and
provides rules to prevent harassment of such a person. Such a person will not be liable for
any civil or criminal action for any injury to or death of an accident victim, caused due to their
negligence in providing assistance to the victim.
6. Compensation for road accident victims: The central government will develop a scheme
for cashless treatment of road accident victims during golden hour (time period of up to one
hour following a traumatic injury), during which the likelihood of preventing death through
prompt medical care is the highest.
7. Compulsory insurance: The Bill requires the central government to constitute a Motor
Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India.
8. National Transportation Policy: The central government may develop a National
Transportation Policy, in consultation with state governments. The Policy will establish a
planning framework for road transport and will specify priorities for the transport system.
9. Taxi aggregators: The Bill defines aggregators as digital intermediaries or market places
which can be used by passengers to connect with a driver for transportation purposes (taxi
services). These aggregators will be issued license by state governments. Further, they must
comply with the Information Technology Act, 2000.
 Torts10

3. What do you mean by Tort ? Distinguish between Tort and Contract.

Torts law is the area of the law that covers most civil suits. In general, any claim that arises
in civil court, with the exception of contractual disputes, falls under tort law.

The concept of tort law is to redress a wrong done to a person and provide relief from the
wrongful acts of others, usually by awarding monetary damages as compensation. The
original intent of tort is to provide full compensation for proved harms.
Lawsuits involving contracts fall under contract law.
Tort law requires those who are found to be at fault for harming others to compensate the
victims. Typical harms include the loss of past or future income, payment of medical
expenses, and payment for pain and suffering. There may also be additional punitive
damages that are meant to punish the plaintiff in excess of full compensation.

● Comparisons
Contracts means set promises which are enforced by law if any eventuality arises while tort
means set of legal remedies that entitles parties to recover from damages, injuries etc.
In contract, obligations and rights are results of agreement between parties whereas in tort
obligations and rights are created and common law is applied
In contract, duties are determined by parties whereas in tort duties are determined by law.
Duties in contract are towards specific persons whereas in tort duties are towards at large to
owed persons or community.
Minors in contract are liable but it is limited whereas in tort minor can be sued and damages
are paid from their property.
In contract privity exists whereas in tort privity does not exist
Motive of breach is immaterial in contract law whereas in tort motive is taken into
considerations.
Damages in contract law awards liquidated damages whereas in tort damages are real or
contemptuous.
Period in contract is from date of contract was breached whereas in tort period is limited.
Differences
The major differences between tort and contract are as follows −
Sr.No Torts Contact

1 Legal remedies allow a victim to recover from It is a set of laws (a law which
losses/injuries/damages can be imposed

2 Rights and obligations result from common Rights and obligations result
law created by the court. from agreement made between
parties.

3 Duties determined by law. Parties determine the duties

4 Minors can be sued and damages are Minors are limited in liability.
recovered.

6 Privity must exist. Privity is not needed or does not

exist
 Torts11

4. What do you mean by Nuisance ? Explain its essential elements.

Introduction
A person in possession of a property is entitled to its undisturbed enjoyment as per law.
However, if someone else’s improper use or enjoyment in his property ends up resulting into
an unlawful interference with his enjoyment or use of that property or of some of the rights
over it, or in connection with it, we can say that the tort of nuisance has occurred.The word
“nuisance” has been derived from the Old French word “nuire” which means “to
cause harm, or to hurt, or to annoy”. The Latin word for nuisance is“nocere”
which means “to cause harm”.Nuisance is an injury to the right of a person’s
possession of his property to undisturbed enjoyment of it and results from an improper
usage by another individual.
Essential Elements of Nuisance-
For making an act of Nuisance actionable under the law of torts the following essentials must
be satisfied-
● Wrongful Act by the Defendant-
For the Action against Nuisance to arise the first essentiality is the conduct of a wrongful act
by the Defendant. This may include any action which is prima facie not legal and
unreasonable in the eyes of a prudent man.
Caveat – If the Plaintiff is extra sensitive and finds the action of the Defendant to be
unreasonable due to his sensitivity, which otherwise is reasonable as per a prudent man, the
action for Nuisance cannot arise.
● Damage/Loss/Inconvenience caused to the Plaintiff-
The next essentiality requires a substantive damage or inconvenience to be caused to the
Plaintiff. The maxim “De minimis non curat lex” comes into play and provides that lw shall
not consider trifles or minimal damage claimed by the plaintiff due to his own sensitivity.
Nevertheless, if the act of the Defendant involves the hampering of a Legal Rights of the
plaintiff, nuisance comes into play.
● Case Law:
In Ushaben V. Bhagyalaxmi Chitra Mandir, where the Plaintiff sued the Defendant against
the screening of the movie “Jai Santoshi Maa” claiming that it hurts the Religious sentiments
of a particular Hindu community, the court dismissed the Plea stating that hurt to religious
feeling was not an actionable wrong and the Plaintiff is free to not watch the Movie again.
Hence it was held that in order to claim damages for Nuisance, the interference shall be in
a state of continuing wrong.
In Halsey V. Esso Petroleum Co. Ltd, where the defendant’s factory emitted smokes, oil,
fumes and smell and polluted the environment along with harming the plaintiff’s health
because of his own sensitive health issue, the former were held liable to the latter only for
the emission of smoke, oil and fume and not for health hazard.
 Torts12

5. Define Negligence and discuss its elements

According to Winfield and Jolowicz “Negligence is the breach of a legal duty to take care
which results in damage, undesired by the defendant to the plaintiff.”

Lord Wright states that “Negligence means more than headless or careless conduct,
whether in commission or omission; it properly connotes the complex concept of duty,
breach, and damage thereby suffered by the person to whom the duty was owed.”
Essentials of Negligence Tort
1. Duty to Take Care
There is an important condition under the liability for negligence that the defendant owes a
legal duty towards the plaintiff. The following case laws will help us to understand the
important element.

In Grant v. Australian Knitting Mills Ltd., 1935 AC 85; From a retailer, the plaintiff purchases
two sets of woolen underwear. After wearing it, he suffers from a skin disease. This problem
occurs due to the excess amount of sulphates present in the wool and not removing it at the
time of washing it due to the negligence at the time of washing it. In this case, the
manufacturers are completely liable as they are not able to perform their duty correctly.

2. Duty to whom
Donoghue v. Stevenson, 1932 AC 562, adds further to this idea and expands the scope of
duty by stating that the duty so raises extends to our neighbor. While explaining who is my
neighbor LORD ATKIN states that the answer must be “the persons who are so closely and
directly affected by my act that I ought reasonably to have them in contemplation as being so
affected when I am directing my mind to the acts or omissions which are called in question”.

3. Duty must be towards the plaintiff

It is not ample that the defendant owes a duty to take care of. A duty should be there,
according to which, the defendant should owe a duty of care towards the plaintiff.

Learn Vicarious Liability here in detail.

4. Breach of Duty to take care

One very important condition for the liability in negligence is that the plaintiff must prove that
due to the negligence the defendant is not able to perform his duties.

In Municipal Corporation of Delhi v. Subhagwanti, AIR 1966 SC 1750; a number of persons

died due the collapsing of a clock-tower in the heart of the Chandni Chowk, Delhi.

The normal life of such structures are normally 40 45 years but the tower was around 80
years old. The Municipal Corporation of Delhi is held liable as it is under their hands and
they are not able to take care and perform their duties efficiently.
 Torts13

6. Define the term "defamation". What are the essential ingredients

of defamation
Defamation is a statement that injures a third party's reputation. The tort of defamation
includes both libel (written statements) and slander (spoken statements). State common law
and statutory law governs defamation actions, and each state varies in their standards for
defamation and potential damages. Defamation is a tricky area of law as the lines between
stating an opinion versus a fact can be vague, and defamation tests the limits of the first
amendment freedoms of speech and press.

essentials of defamation,

● Statement Of Fact
Firstly, the statement given by the person must be a statement of fact and not a statement of
opinion. If a person is giving his opinion in the statement irrespective of the fact whether it’s
true or false, it will not be considered defamation. Let’s take the example to understand the
difference between the statement of fact and statement of opinion.

Rohit says that I think Mohit is a criminal. Here, he is giving his opinion; this is a statement of
opinion. It will not be considered defamation whether it is true or false.
Rohit says in an interview that Mohit is a criminal who had committed theft. Now, it is
important to note that this statement is presented assertively, so it is a statement of fact. It
will be considered defamation if the statement given by Rohit is false. But if the statement
given by Rohit is true, it will not be considered defamation.
● Publication Is Required
The second ingredient of this offence is that there must be the publication of the false
statement passed by the offender. Here, the publication does not mean that it should be
published in the newspaper only but it means that the defamatory statement is
communicated to the parties other than the defamed one. If the person gives his statement
only to the person he wanted to blame, then it will not be considered defamation.
● The Statement Must Be Defamatory And False
The statement passed by the person must be in the nature of defamation and must be a
false statement. The statement which is true cannot be taken as a defamatory statement.
The test to check whether a particular statement is defamatory or not depends upon how a
prudent member and of society is likely to comprehend it. The accused person can’t take the
plea that he doesn’t want to injure his reputation thereafter.

● The Statement Must Refer To The Plaintiff

Before starting the proceedings of defamation, the plaintiff needs to prove that the statement
of which he complains particularly referred to him. Further, it is important to note that if the
plaintiff reasonably believes that the statement is referred to him, then the defendant may be
held liable
● Must Cause Serious Harm
Lastly, the false statement must have an effect on the reputation or financial growth of the
plaintiff. If there is no harm to the reputation or financial growth, the person cannot claim the
[defamation]. For example, if a person loses his job due to a false statement given by a
person is considered as a financial loss to the person and that person can claim defamation.
 Torts14

7. What do you understand by 'Strict liability' ? Refer to decided cases.

Rule of Strict Liability
The strict liability principle is an extremely important concept under the law of torts. The
basis of this principle basically lies in the inherent harm that some activities can inflict. For
example, leaking of poisonous gasses, as it happened in the Bhopal Gas Tragedy, will
attract this rule.
The underlying principle of compensation in torts generally depends on the extent of
precautions a person takes. Hence, if he takes abundant precautions to prevent some harm,
the law may exempt him from paying damages. This principle, however, does not apply to
strict liability.
Under the strict liability rule, the law makes people pay compensation for damages even if
they are not at fault. In other words, people have to pay compensation to victims even if they
took all the necessary precautions. In fact, permissions allowing such activities often include
this principle as a pre-condition
Exceptions to Strict Liability
The strict liability rule does not apply in cases involving the following exceptions:

1) Act of God
An act of God is a sudden, direct and irresistible act of nature that nobody can reasonably
prepare for. It can cause damage regardless of how many precautions one may take. For
example, tsunamis, tornadoes, earthquakes, extraordinary rainfall, etc. are acts of God. Any
damage that occurs due to these acts does not attract strict liability.

2) Wrongful act of a third party

Sometimes, the involvement of third parties may be the cause of damages. For example,
renovation work in one flat may cause some nuisance to another flat. Here, the tenant
affected by the nuisance cannot sue his landlord. He can only sue the person renovating the
other flat.
3) Plaintiff’s own fault
In several instances, the plaintiff may himself be at fault for the damage he suffers. In such
cases, he cannot shift liability on some other person regardless of how much he suffers.
Rylands v. Fletcher
The rule of strict liability originates from the famous English case of Rylands v. Fletcher.
According to the facts of this case, the defendant owned a mill and wanted to improve its
water supply. For this purpose, he employed a firm of reputed engineers to construct a
reservoir nearby.
The problem occurred when the reservoir was so full one day that the water from it started
over-flowing. The water flowed with so much force that it entered the plaintiff’s mine and
damaged everything.

The engineers, who were independent contractors of the defendant, were clearly at fault.
This is because they were negligent in constructing the reservoir. This is exactly what the
defendant also said for avoiding his liability.

The court, however, disagreed and explained the strict liability rule. It said that when
somebody keeps something on his property for his benefit, it should not escape and affect
others. In case it so escapes, the owner of that thing must compensate the victim even if he
was not negligent.
 Torts15

8. Explain the law relating to negligence with decided cases.

Negligence is a civil tort which occurs when a person breaches his duty of care which he
owed to another due to which that other person suffers some hard or undergoes some legal
injury.
In layman’s terms, Negligence can be explained as the failure of discharge or the omission
to do something due to careless behaviour.
In tort law negligence can be:
A mode of committing other torts like trespass or nuisance
A separate tort in itself
● Essentials of Negligence
Duty of Care: The plaintiff needs to prove that the defendant owed him a duty of care and
made a breach of the same. The nature of duty for negligence is purely legal and not moral
or religious. ‘Duty‘ can be seen as an obligation to be careful towards others.
Breach of Duty: When the first condition is established, the second step is to establish that
there was a breach of duty. The defendant is supposed to carry out his duty like a
reasonable man. The deciding test is to see whether the defendant has taken reasonable
care or not.
Damage: As a result of the breach of duty by the defendant, the plaintiff must suffer some
damage.
Donoghue v Stevenson [case law]
Donoghue v Stevenson is a landmark case on the tort of Negligence. In this case, the
plaintiff had gone to a cafe to have a ginger beer, the bottle of which was sealed with an
opaque cork. On emptying the contents of the bottle, a decomposed body of a snail came
out, The plaintiff was taken ill due to the part consumption of the contaminated contents of
the bottle.
It was held by the court that the manufacturer who manufactures the product for the end
consumer with the assumption that with the lack of reasonable care in his part the consumer
will suffer an injury, such a manufacturer owes a duty of care to the plaintiff.
● Medical Negligence
A person is expected to possess the required skill and understanding of his duties when he
is in a particular profession. Especially in the medical profession where the stakes are very
high, a huge onus lies on the practitioner to take care while choosing and administering a
particular treatment for his patient. A breach of this duty amounts to medical negligence.

Eg: A doctor administers anaesthesia to a patient before surgery but the amount of
anaesthesia is significantly more than the average dosage for an adult. This causes the
death of the patient, this amounts to medical negligence.

● Res Ipsa Loquitor

Generally, in cases of negligence, the onus of proof lies on the plaintiff. It is the plaintiff’s job
to prove that the defendant had not only been negligent but it also caused damage to the
plaintiff.
In some cases, there is no need for it, the occurrence of such negligence suffices. It is in
these circumstances that the principle of ‘Res Ipsa Loquitor‘ is invoked, the meaning of
which is ‘ things speak for themselves’.
In cases where the circumstances themselves point towards the defendants for his
negligence, the court presumes that the defendant was negligent and the damage was
caused to the plaintiff due to his wrongful action.