🔑 Key Points of Tort Law
1. Definition of Tort
A tort is a civil wrong for which the law provides a remedy in the form of damages (compensation). It occurs when someone’s action or omission causes harm or injury to another person’s body, property, reputation, or legal rights.
Tort law comes from common law principles and has evolved through judicial decisions.
Not a criminal offense, but it can arise from similar acts.
2. Objectives of Tort Law
⚖️ Justice: Promote fairness and accountability in society.
🛡️ Protection: Safeguard individuals’ legal rights (e.g., right to safety, dignity, property).
đź’° Compensation: Provide financial remedy to the person who suffers harm.
đźš« Deterrence: Discourage people from committing harmful acts.
3. Essential Elements of a Tort
To succeed in a tort claim, the following four elements must generally be proven:
(a) Duty of Care
- The defendant must owe a legal duty to the plaintiff.
- Example: A doctor owes a duty of care to their patient.
(b) Breach of Duty
- The defendant fails to meet the expected standard of care.
- Example: A shop owner leaves a wet floor without a warning sign.
(c) Causation
- There must be a direct link between the breach of duty and the harm caused.
- Two types:
- Cause in fact (“But for” test)
- Proximate cause (foreseeability of harm)
(d) Damage (Injury or Loss)
The plaintiff must suffer actual harm: physical injury, financial loss, or emotional distress.
4. Types of Torts
A. Intentional Torts
These are wrongful acts done deliberately to harm someone.
| Tort Type | Explanation | Example |
|---|---|---|
| Assault | Threat of harm | Raising a fist to hit someone |
| Battery | Unlawful physical contact | Hitting or slapping someone |
| False Imprisonment | Unlawful restraint of a person | Locking someone in a room |
| Trespass | Entering someone’s property unlawfully | Jumping a fence to enter land |
| Defamation | Damaging reputation by false statement | Publishing false news |
B. Negligence
This is the most common type of tort.
- Involves careless behavior that causes harm.
- Example: A driver who runs a red light and hits a pedestrian.
Famous case:
📌 Donoghue v. Stevenson (1932) – Established the “neighbor principle” in negligence law.
C. Strict Liability
- The defendant is held liable regardless of fault or intent.
- Common in hazardous activities, such as keeping dangerous animals or using explosives.
📌 Rylands v. Fletcher (1868) – Held a landowner strictly liable for damage caused by a water reservoir.
D. Absolute Liability (Indian Context)
- Like strict liability, but no exceptions/defenses allowed.
- Developed in Indian environmental law.
📌 MC Mehta v. Union of India (1987) – Oleum gas leak case introduced the concept.
E. Nuisance
- Unlawful interference with the enjoyment of land.
- Private Nuisance: Affects one person or a few individuals.
- Public Nuisance: Affects the community at large.
F. Defamation
Slander: Spoken
Making a false statement that harms a person’s reputation.
Libel: Written
5. Remedies in Tort Law
The court may grant the following remedies:
| Remedy Type | Description |
|---|---|
| Compensatory Damages | To restore the plaintiff to the original position |
| Punitive Damages | To punish and deter the defendant (rare in India) |
| Nominal Damages | When legal right is violated but no real damage |
| Injunction | Court order to stop or prevent a harmful act |
6. Defenses in Tort Law
The defendant may avoid liability using legal defenses:
| Defense | Description |
|---|---|
| Consent (Volenti non fit injuria) | Plaintiff voluntarily accepted the risk |
| Necessity | Act done to prevent greater harm |
| Self-defense | Reasonable force used to protect oneself |
| Act of God | Natural event, unavoidable (e.g., earthquake) |
| Contributory Negligence | Plaintiff also acted carelessly, contributing to damage |
7. Important Indian Tort Law Cases
Rajkot Municipal Corporation v. Manjulben Jayantilal – Municipal liability for death due to uncovered manhole.
MC Mehta v. Union of India – Expanded environmental torts and introduced absolute liability.
Kasturi Lal v. State of UP – Discussed liability of the state for wrongful acts of its employees.
8. Tort vs Crime vs Contract
| Basis | Tort | Crime | Contract |
|---|---|---|---|
| Nature | Civil Wrong | Public Wrong | Breach of agreement |
| Parties | Private parties | State vs Accused | Private parties |
| Remedy | Compensation | Punishment | Compensation or specific performance |
| Intention | Not always required | Generally required | Based on mutual agreement |
