LAW OF TORTS (INCLUDING MV ACT & CPA, 2019)
UNIT 1: PRINCIPLES OF TORTIOUS LIABILITY & GENERAL DEFENCES
1.1 Definition, Nature & Scope
Tort: A civil wrong not arising out of a contract.
Derived from Latin word 'Tortus' = twisted/wrong.
Based on Common Law principles; codified through precedents.
Actionable tort: must involve a wrongful act + legal damage + remedy.
Distinction from other wrongs
Tort vs. Crime: Public wrong vs. private wrong; prosecuted by state vs. individual.
Tort vs. Contract: Consent-based obligations in contract; tort obligations exist
independently.
Tort vs. Quasi-contract: Tort = wrongdoing; quasi-contract = obligation without
agreement.
Constituents of Tort
Wrongful act: Violation of legal right.
Legal Damage:
o Injuria sine damnum: Violation of right without actual loss (e.g., Ashby v White).
o Damnum sine injuria: Loss without violation of right (e.g., Gloucester Grammar
School case).
Remedy: Ubi jus ibi remedium - Where there is a right, there is a remedy.
Judicial Remedies
Damages: Nominal, general, special, punitive, etc.
Injunctions: Preventive relief; permanent/temporary.
Restitution: Specific performance, ejectment.
Extra-Judicial Remedies
Self-defence, re-entry, recapture, abatement, distress damage feasant.
1.3 General Defences
Volenti non fit injuria: Consent to risk negates liability.
o Exceptions: Rescue cases (Haynes v Harwood).
Plaintiff the wrongdoer: Ex turpi causa non oritur actio.
Inevitable Accident: Unforeseeable, unavoidable harm.
Act of God: Natural forces; e.g., Nichols v Marshland.
Private Defence: Use of reasonable force.
Necessity: Harm justified by emergency.
Statutory Authority: Acts authorized by law (Vaughan v Taff Vale Rly).
Capacity to Sue & Be Sued
Minors, corporations, state, judicial officers, etc.
Special rules apply for joint tortfeasors and parental authority.
UNIT 2: SPECIFIC TORTS
Torts Against Person
Assault: Threat/attempt to harm causing apprehension.
Battery: Actual physical contact without consent.
False Imprisonment: Total restraint without legal justification.
Defamation
Libel: Written, permanent.
Slander: Spoken, temporary.
Essentials: False, defamatory, refers to plaintiff, published.
Defences:
o Truth (justification)
o Fair comment (honest opinion)
o Privilege (absolute/qualified)
o Consent
o Apology
Economic Torts
Inducing breach of contract: (Lumley v Gye)
Conspiracy
Malicious falsehood
Nuisance
Public: Affects community; prosecuted by state.
Private: Affects individual use/enjoyment of land.
Defences: Prescription, statutory authority.
Remedies: Damages, injunction, abatement.
UNIT 3: VICARIOUS, STRICT & ABSOLUTE LIABILITY
Vicarious Liability
Master liable for servant's acts done in course of employment.
Maxims:
o Qui facit per alium facit per se
o Respondeat superior
Partnership: Acts in ordinary business bind firm.
Independent Contractors: Principal not liable except in hazardous work.
State Liability
Doctrine of Sovereign Immunity: Limited in India.
Constitutional torts: Breach of FRs; State liable (e.g., Bhim Singh).
Strict Liability
Rule in Rylands v Fletcher: Person keeping dangerous thing is liable if it escapes.
Exceptions: Plaintiff’s fault, act of God, consent, statutory authority.
Absolute Liability
From M.C. Mehta v Union of India (1987):
o No exceptions
o Applicable to hazardous industries
Motor Vehicles Act, 2019
Section 161: Hit and run – No fault, fixed compensation.
Section 164: No fault for any accident – Rs. 5 lakh death, Rs. 2.5 lakh injury.
Section 166: Fault-based claim.
Claims Tribunal (MACT): Compensation decided here.
Good Samaritan Rule, Golden Hour, Offences by minors.
UNIT 4: NEGLIGENCE & REMOTENESS OF DAMAGE
Negligence
Essentials:
1. Duty of care
2. Breach of duty
3. Causation + Damage
Case: Donoghue v Stevenson – Neighbour principle
Proof: Res Ipsa Loquitur
Thing speaks for itself.
Defences
Contributory negligence
Volenti non fit injuria
Act of God
Necessity
Illegality
Remoteness of Damage
In Re Polemis: Direct consequence test.
Wagon Mound Case: Foreseeability test.
Eggshell Skull Rule: Defendant liable for full extent.
Novus Actus Interveniens: Breaks causal chain.
Nervous Shock: Recognised if foreseeable (Alcock v Chief Constable).
UNIT 5: CONSUMER PROTECTION ACT, 2019
Key Concepts
Consumer: Person who buys goods or avails services for consideration.
Defect (goods): Fault in quality, quantity, etc.
Deficiency (service): Imperfection, negligence.
Complaint: Allegation of unfair practice, defect, or deficiency.
Product Liability
Strict liability against manufacturers, sellers, service providers.
Covers injury, damage, death, emotional loss.
Unfair Trade Practices (UTP) & Restrictive Trade Practices (RTP)
Misleading ads, hoarding, price manipulation.
Consumer Redressal Forums
District Commission: up to Rs. 50 lakh
State Commission: Rs. 50 lakh – 2 crore
National Commission: Above Rs. 2 crore
Key Cases
Spring Meadows v Harjot Ahluwalia: Child = consumer
IMA v VP Shantha: Medical services = services under CPA
MANDATORY CASES (By Unit Highlights)
Unit 1
Ashby v White: Injuria sine damnum
Nicholas v Marshland: Act of God
Bird v Holbrook: Private Defence
Unit 2
Bird v Jones: False Imprisonment
Lumley v Gye: Inducing breach of contract
Sturges v Bridgman: Private nuisance
Unit 3
M.C. Mehta v Union of India: Absolute liability
Rylands v Fletcher: Strict liability
State of Rajasthan v Vidhyawati: Sovereign immunity
Unit 4
Donoghue v Stevenson: Duty of care (Neighbour Principle)
Davies v Mann: Last opportunity rule
Wagon Mound: Foreseeability in remoteness
Unit 5
Spring Meadows Hospital: Child as consumer
Indian Medical Association v VP Shantha: Medical services as "services" under CPA