Law of Torts

Brief summary of the “Law of Torts

Unit I: Nature and General Defences

  • Definition and Distinction of Tort: A tort is a civil wrong for which a remedy in the form of unliquidated damages is available. It differs from a crime (public wrong punishable by the State) and a contract (breach of agreed obligations).
    ➤ Ashby v. White (1703): Right to vote was wrongfully denied; established that even if no actual damage occurs, legal rights’ violation is actionable.
  • Motive and Liability: Generally, motive is irrelevant in torts; liability arises from wrongful conduct. However, in cases like malicious prosecution, motive becomes crucial.
  • Capacity to Sue/Be Sued: Minors, lunatics, corporations, and even the government can be liable in torts, though special rules may apply.
  • Joint Tortfeasors: When two or more persons commit a tort together, they may be held jointly and severally liable. Apportionment depends on degree of fault and contribution.
  • General Defences:
  • Consent (Volenti Non Fit Injuria): No injury is done to a person who consents to it.
  • Necessity, Private Defence, Inevitable Accident, etc., also serve as defences.
  • Reasonable Man Test: A legal standard for negligence or fault. A person must act as a “reasonable man” would under similar circumstances.
    ➤ Example: Not warning about a wet floor in a public place may breach this standard.
  • Volenti Non Fit Injuria: Latin for “to one who volunteers, no harm is done” – applicable where plaintiff willingly accepts the risk.
  • Aims and Rationale: Torts aim to protect legal rights, provide compensation, deter wrongful conduct, and uphold justice.

Unit II: Vicarious Liability and Negligence

  • Vicarious Liability: Imposed on one person for another’s act, e.g., employer held liable for employee’s negligent acts done in course of employment.
  • Strict and Absolute Liability:
  • Strict Liability: Established in Rylands v. Fletcher – liability without fault for dangerous things escaping one’s land.
  • Absolute Liability: Evolved in India post-Kasturi Lal v. State of UP and strengthened in M.C. Mehta v. Union of India (Oleum Gas Leak case), where no exceptions apply.
  • Negligence: Requires three elements:
  1. Duty of care
  2. Breach of that duty
  3. Damage caused
    ➤ Example: Doctor failing to diagnose a serious illness.
  • Remoteness of Damage: Only foreseeable damages are recoverable (Wagon Mound case principle).
  • Nervous Shock: Recognized in tort law where psychiatric injury results from negligent acts (e.g., seeing a loved one suffer).
  • Defences to Negligence:
  • Contributory negligence
  • Volenti non fit injuria
  • Act of God, etc.
  • Rule in Rylands v. Fletcher: Liability for damage caused by escape of dangerous things even without negligence.
  • Evolution of Absolute Liability: Recognized in Indian environmental and industrial cases to ensure higher accountability.

Unit III: Torts Against Property and Person

  • Trespass to Land: Unauthorized interference with someone’s possession of land. Remedies include damages, injunctions, or eviction.
  • Nuisance:
  • Public Nuisance: Affects the public (e.g., pollution).
  • Private Nuisance: Affects a specific person’s use/enjoyment of land.
  • Defamation:
  • Involves harm to a person’s reputation.
  • Elements: false statement, publication, and damage.
    ➤ R.K. Karanjia v. KMC Thakersav emphasized press freedom but also responsible reporting.
  • Assault & Battery:
  • Assault: Threat of violence.
  • Battery: Physical contact without consent.
  • Trespass to Goods: Direct and wrongful interference with someone’s goods. Remedies: recovery, compensation, injunction.
  • Defences in Defamation:
  • Truth, fair comment, privilege (absolute or qualified), and consent.
  • Role of Intention: Especially significant in torts like assault, battery, and false imprisonment.
  • Remedies for Nuisance:
  • Damages, injunctions, abatement (self-help under conditions).

Unit IV: Consumer Protection

  • Consumer Protection Act, 2019:
  • Aims to empower consumers, ensure fair trade practices, and provide redressal for grievances.
  • Definition of Consumer:
  • Anyone who buys goods or services for personal use (not resale or commercial use).
  • Deficiency in Service:
  • Fault, imperfection, or inadequacy in performance of duty.
    ➤ IMA v. V.P. Shantha: Recognized medical services under CPA.
  • Consumer Remedies:
  • Refunds, compensation, replacement, discontinuation of unfair practices, etc.
  • Consumer Forums:
  • District, State, and National Commissions for efficient dispute redressal.
  • Medical Negligence:
    ➤ Spring Meadows Hospital v. Harjot Ahluwalia: Recognized vicarious liability of hospitals and doctors.
  • Filing a Complaint:
  • Can be done online or physically at the appropriate consumer forum, with minimal procedural complexity.
  • Critical Evaluation:
  • CPA 2019 has widened scope and improved enforcement, but delays and awareness remain concerns.
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