INDORE INSTITUTE OF LAW

SUBJECT – LAW OF TORTS

SUBMITTED BY: CHITRANSH PATEL

1ST SEM SECTION –A

SUBMITTED TO: DR. BHANU SAXENA

 Q1) DEFINE TORTS AND DISTINGUISH IT BETWEEN
CRIME AND BREACH OF CONTRACT.
• 1) Introduction
- Tort came from the latin word “tortum”
- twisted or crooked act
- regarded as civil wrong
2) Definition
- a tort is a civil wrong for which the remedy
in common law is action for unliquidated damages.
3) essentials of tort
- wrongful act commited by defendant
- resulted in legal damage.
- legal remedy
 DISTINGUISH BETWEEN
• TORT AND CRIME
- INFRINGEMENT OF PRIVATE RIGHTS, INFRINGEMENT OF
PUBLIC RIGHTS
- ACTION INITIATED IN CIVIL RIGHTS , ANTICIPATED IN
CRIMINAL COURT
- COMPENSATION , PUNISHES
• TORT AND BREACH OF CONTRACT
- FILED BY LAW , FILED BY THE PARTIES IN A CONSENT
- RIGHT IN REM , RIGHT IN PERSONAM
- DAMAGES ARE UNLIQUIDATED , DAMAGES ARE FIXED
 WHAT ARE THE GROUNDS ON WHICH PLANTIFF CAN MOVE A SUIT IN COURT
AND WHAT ARE THEIR DFENCES AVAILABLE IN LAW AND TORTS AGAINST
PLANTIFF
• DEFINITION OF TORT
• ACC ORDING TO SALMOND, “A TORT IS A CIVIL WRONG FOR WHICH THE REMEDY IN
COMMON LAW IS ACTION FOR UNLIQUIDATED DAMAGES AND WHICH IS NOT
EXCLUSIVELY THE BREACH OF CONTRACT OR THE TRUST ON THE BREACH OF OTHER
MERELY EQUITABLE OBLIGATIONS.

• ESSENTIAL ELEMENTS
 WRONGFUL ACT
 LEGAL DAMAGE
 LEGAL REMEDY
• DEFENCES
 VOLENTI NON FIT INURIA
 ACT OF GOD
 INEVITABLE ACCIDENT
 PRIVATE DEFENCE
SECTION 96 TO 106 OF IPC CONTAIN THE PROVISIONS FOR PROTECTION OF A
PERSON OR PROPERTY OF A PERSON
 ACT OF NECESSITY
• MISTAKE
- IGNORANCE OF LAW IS NO CAUSE

• STATUORY AUTHORITY
- DAMAGE IS CAUSED UNDER THE AUTHORITY

• JUDICIAL ACT

• EXECUTIVE AUTHORITY

• EXERCISE OF COMMOM RIGHTS

• TRIVIAL ACT
 3)WHAT DO YOU UNDERSTAND BY JUDICIAL AND EXTRA
JUDICIAL REMEDIES FOR TORTS?
• INTRODUCTION
When the aggrieved person is taken back to the position that
they were enjoying before their rights were infringed they
are said to have been provided with a legal remedy.
 JUDICIAL REMEDIES:
 DAMAGES
 INJUNCTIONS
 SPECIFIC RESTITUTIONS OF PROPERTY

• EXTRA JUDICIAL REMEDIES

 RE ENTRY ON LAND
 RE CAPTION OF GOODS
 ABATEMENT
 DISTRESS DAMAGE FEASANT
 Q4) WHAT DO YOU UNDERSTAND BY DAMNUM SINE INJURIA
AND INJURIA SINE DAMNUM?

• 1) INTRODUCTION
There may be violation of legal right without legal
damage but there cannot be a damage without
violation of legal damage
• DAMNUM SINE INJURIA –
• It means harm caused without violation of legal rights of individual

• INJURIA SINE DAMNUM –

• It means violation of legal rights without injury or suffer
What do you understand by principles of absolute liability and
distinguish it with absolute and strict liability.

• INTRODUCTION
A tort in common law jurisdiction is a civil wrong that
causes a claimant suffer loss or harm resulting in legal
liability for person who commits tortious act.
• ABSOLUTE LIABILITY
• STRICT LIABILITY
• ESSENTIALS OF STRICT LIABILITY
 Dangerous substances
 This dangerous thing must have caused mischief
 CASE LAWS- ABSOLUTE – MC Mehta VS UNION OF
INDIA
• STRICT LIABLITY- RYLANDS VS FLETCHER
 Q5) DEFINE THE TERM DEFAMATION AND EXPLAIN ITS ESSENTIAL WITH
EXAMPLE AND WHAT DEFENCES ARE AVAILABLE TO DEFENDENT IN AN
ACTION OF DEFAMATION?
• INTRODUCTION
• DEFINITION
Defamation is the publication of a statement which leads to lower a person in the
right thinking member the society
 SECTION 499 OF IPC IS DEFAMATION
 SECTION 500 OF IPC FOR PUNISHMENT OF DEFAMATION
• ESSENTIALS
 The statement must be defamatory
 Statement must refer to plaintiff
 Statement must be published
 Defences
 Justification of truth
 Fair and bona fide comment
 Privileged statement ----
1) Absolute
2) qualified
Q7) Define the term negligence and explain its essentials with
example and case laws explain the last opportunity negligence

• Introduction
It is a type of tort which means a breach of duty by one
person which causes damages to another person.
 SECTION 304-A FOR DEATH BY NEGLIGENCE
• Essentials
 duty to take care
 duty to care must be owed to plantiff
 breach of duty
 damage to plaintiff
• Last opportunity negligence
 The last chance to avoid the accident.
Q8) WHAT IS MEANT BY TRESPASS TO LAND? WHAT A PLAINTIFF
MUST PROVE FOR TRESPASS TO LAND.

• 1) INTRODUCTION
It is a tort that is committed when an individual
intentionally negligently enters into another
property without legal right to do so.
SECTION 441 OF IPC IS CRIMINAL TRESPASS
• Essential elements–
1) the defendant entered to plantiff’s proper
2) the land belonged to another
3) the defendent intentionally do so.
 Q11) EXPLAIN THE FACTS WHICH A PLANTIFF MUST PROVE IN AN
ACTION OF MALICIOUS PROSECUTION
• INTRODUCTION
It is a tort to initiate judicial proceedings against someone
without reasonable cause and probable cause which
results in damage to his/her reputation , personal
freedom or property.
 SECTION 209 OF IPC AND SECTION 340 OF CrPC
• ESSENTIAL ELEMENTS
1) THE DEFENDENT PROSECUTED THE PLAINTIFF
2) ABSENCE OF REASONABLE AND PROBABLE CAUSE
3) MALICE INTENTION
4) TERMINATION OF PROCEEDINGS FAVOUR OF THE
PLAINTIFF
5) DAMAGE TO HIS OR HER REPUTATION.
 WHAT DO YOU UNDERSTAND BY NUISANCE EXPLAIN ITS
ESSENTIAL AND TYPES
• 1) INTRODUCTION
NUISANCE IS AN INJURY TO THE RIGHT OF A PERSON TO
INTERFERE IN ENJOYMENT OF HIS PROPERTY.
• 2 ) DEFINITION
• 3) TYPES
 PUBLIC
 SECTION 268 OF IPC IS PUBLIC NUISANCE
 PUNISHMENT IN SECTION 290 AND 291
 PRIVATE
• 4) ESSENTIALS
 INFERENCE WITH ENJOYMENT OF LAND
 MUST BE UNLAWFUL
 DAMAGE.
 Q11) WRITE A NOTE ON ACT OF GOD AND INEVITABLE
ACCIDENT ALSO DISTINGUISH IT
• ACT OF GOD
IT IS AN OPERATION OF NATURAL FORCES.NO HUMAN
BEING CAN AVOID BY TAKING REASONABLE CARE.
• ESSENTIALS OF ACT OF GOD
 Operation of natural force
 Must be extraordinary and which could not be
anticipated and reasonable guarded.
• INEVITABLE ACCIDENT
THEY ARE THOSE ACCIDENT WHICH A PERSON OF
ORDINARY PERSON CANNOT AVOID IN SPITE OF ALL
REASONABLE CARE.
Q21)DISTINGUISH BETWEEN ASSAULT
AND BATTERY
• ASSAULT
INSTANT FEAR OF APPREHENSION OF FORCE
SECTION 351 OF IPC
• BATTERY
• INTENTIONAL APPLICATION OF USE OF FORCE
ON SOMEONE.
SECTION 350 DEFINES USE OF CRIMINAL
FORCE WHEREAS IN 349 FORCE IS DEFINE
 SALIENT FEATURES OF MOTOR
VEHICLE ACT
• INTRODUCTION
• FEATURES
 ROAD SAFETY.
 ENVIRONMENT AND ROAD HEALTH
 VEHICLE FITNESS
 ROAD SAFETY BOARD
 PROTECTION OF GOOD SAMARITAN
 COMPENSATION FOR ROAD ACCIDENTS
 INSURANCE MANDATORY
 NATIONAL TRASPORTATION POLICY
 NEGLIGENCE
• In Municipal Corporation of Delhi v.
Subhagwanti, AIR 1966 SC 1750;
• A clock-tower in the heart of the Chandni
Chowk , Delhi collapsed causing the death of a
number of persons. The structure was 80
years old whereas its normal life was 40-45
years. The Municipal Corporation of Delhi
having the control of the structure failed to
take care and was therefore, liable.
 MALICIOUS PROSECUTION

• In the Kamta Prasad v National Buildings

Constructions Corporation Pvt Ltd.
• The officer of the respondent corporation found
certain articles missing while preparing inventory and
checking up with the stock register. The plaintiff was
prosecuted but was given the benefit of doubt and
hence acquitted. The plaintiff brought an action for
malicious prosecution. The plaintiff could not prove
that he had been harassed by the officers. There was
held to be reasonable and probable case for
prosecution of the plaintiff and the fact that plaintiff
was not harassed indicated that there was no malice
and hence the charge was not held.
 NUISANCE
• In Halsey v. Esso Petroleum Co. Ltd. (1961)
• The defendant’s depot dealt with fuel oil in its light from the
chimneys projected from the boiler house, acid smuts containing
sulphate were emitted and were visible falling outside the plaintiff’s
house. There was proof that the smuts had damaged clothes hung
out to dry in the garden of the plaintiff’s house and also paint work
of the plaintiff’s car which he kept on the highway outside the door
of his house. The depot emanated a pungent and nauseating smell
of oil which went beyond a background smell and was more than
would affect a sensitive person but the plaintiff had not suffered
any injury in health from the smell. During the night there was
noise from the boilers which at its peak caused window and doors
in the plaintiff’s house to vibrate and prevented the plaintiff’s
sleeping. An action was brought by the plaintiff for nuisance by acid
smuts, smell and noise.
THANK YOU

THE END