LAW OF TORTSLAW OF TORTS  

ByBy

Dr.P.R.L.RAJAVENKATESANDr.P.R.L.RAJAVENKATESAN

Assistant Professor(Senior)Assistant Professor(Senior)

VIT Law SchoolVIT Law School

ChennaiChennai

INTRODUCTION INTRODUCTION

1.Civil Wrong.2.Prof.P.H.Winfield- Tortious liability arises from the breach of a duty primarily fixed by law, such duty is towards persons generally and its breach is redressible by an action for unliquidated damages.3.Contract.

INTRODUCTION INTRODUCTION

Salmond-Tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of trust or other mere equitable obligation.

FUNCTIONS OF LAW OF FUNCTIONS OF LAW OF TORTSTORTS

To afford compensation for injuries sustained by one person as a result of the conduct of another.

Remedy-Right in rem and right in personam.

FUNCTIONS OF LAW OF FUNCTIONS OF LAW OF TORTSTORTS

1.1.Professor William L.Prosser-Theory of Social Engineering-Compensation of Individual rather than public.

2.Greatest happiness of the greatest number

Indian Law on TortsIndian Law on Torts

Indian law of tort based on English law of torts which itself is based on the principles of the common law of England.

The Indian Law of Torts is based English law principles applied in India as rules of justice, equity and good conscience.

Indian Law on TortsIndian Law on Torts

English law is mainly built up of case-law.

The Indian Law of Torts is based English law principles applied in India as rules of justice, equity and good conscience.

Indian Law on TortsIndian Law on Torts

Jay Laxmi Salt Works(P) Ltd. V. State of Gujarat,(1994) 4 SCC 1.

Truly speaking the entire law of torts is founded and structured on morality

M.C.Mehta v.Union of India AIR 1989 SC 1086.

Sources-We have to build our own jurisprudence.

Public Law

Relationship between individuals and government.

Compensation-Offences by Government Officials.

Police Atrocities Custodial Death Medical Negligence

Civil Injuries and Torts

All civil injuries are not torts. Public Nuisance-Government. Private Nuisance-Private citizens

are entitled to bring action. Wrongfully obstruct a public road-

Government Obstruction-Delay-Private

Individuals

CONTRACTCONTRACT

Caparo Industries Plc v. Dickman (1990) 1 All ER at p.575(HL)

Lord Bridge-Client –Professional Auditor-

Client may suffer by reason of any breach of that duty.

CONTRACTCONTRACT

Sharad Vaidya (Dr) v. Paulo Joel Vales,AIR 1992 Bom 478.

Patient died due to negligence on the part of doctor.

It is not a contractual service. The liability was held to be a

tortious liability.

CONTRACTCONTRACT

Pippin v. Sheppard, (1822), 11 Price 400.

A surgeon was called in by a husband to treat his wife.

The court held that the husband could sue the surgeon for breach of contractual duty while the wife could maintain an action in tort.

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

WRONGFUL ACTWRONGFUL ACT LEGAL DAMAGELEGAL DAMAGE LEGAL REMEDYLEGAL REMEDY

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

WRONGFUL ACTWRONGFUL ACT CIVIL OR CRIMINALCIVIL OR CRIMINAL BREACH OF CONTRACT OR BREACH OF CONTRACT OR

TRUST-NOT TORTSTRUST-NOT TORTS

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

A-Driver-B-Owner of the CarA-Driver-B-Owner of the Car C-VictimC-Victim Starving ManStarving Man Drowning ChildDrowning Child

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

Municipal Corporation of Delhi v. Municipal Corporation of Delhi v. Subhagwanti,AIR 1966 SC 1750Subhagwanti,AIR 1966 SC 1750

Municipal CorporationMunicipal Corporation Control of Clock Tower Control of Clock Tower Death of number of PersonsDeath of number of Persons Liable for omission to take careLiable for omission to take care

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

General Cleaning Contractors v. General Cleaning Contractors v. Christmas,1953 A.C.180Christmas,1953 A.C.180

Failure to provide safe system Failure to provide safe system OmissionOmission

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

LEGAL DAMAGE-LEGAL DAMAGE- Ashby v. White (1703) 2 Ashby v. White (1703) 2

Ld.Raym.938.Ld.Raym.938. A returning officer was held liable in A returning officer was held liable in

damages for wrongfully refusing to damages for wrongfully refusing to take the plaintiff’s vote at an election.take the plaintiff’s vote at an election.

Ubi Jus ibi Remedium- “Where there Ubi Jus ibi Remedium- “Where there is a right there is a remedy”is a right there is a remedy”

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

LEGAL REMEDY-LEGAL REMEDY- The principal remedy for tort is

damages. 1.Nominal damages.Injury without loss 2.Ordinary damages-Monetary loss 3.Aggravated Damages-Court

discretion-offence Intentional 4.Exemplary Damages-several offences-

warning

CONSTITUENTS OF CONSTITUENTS OF TORTSTORTS

OTHER REMEDIESOTHER REMEDIES 1.Injunction1.Injunction 2.Specific Restitution of Property2.Specific Restitution of Property