Transcript Law 3
Concept of Civil Wrong
Are these acts wrongs ?
A agrees to buy B’s house for 10 lakhs. He
pays the amount but B refuses to hand
over the possession of the house.
A invites B for dinner at his house. B
promises to attend the same but does not
do it.
A, who is starving approaches B and
pleads to provide some food. B refuses to
do so. A falls unconscious and later dies.
A enters upon B’s property without his
consent and continues to remain on it
even when asked by B to get out of it.
A enters upon the property of B injuring
the watchman and steals fruits from his
garden.
Tort – derived from Latin term “Tortum”
which implies conduct that is twisted
Tortious liability
Arises
from a breach of duty fixed by law
This duty is towards persons generally
Its breach is redressed by civil action for
unliquidated damages
Essentials of a Tort
There
must be a wrongful act committed by a
person
It must result in legal damage to another
Injury without damage actionable
(injuria sine damno)
Damage
without injury not actionable
(damnum sine injuria)
It
must give rise to a legal remedy
(ubi jus ibi remedium)
Distinction between a Tort and a
Breach of Contract
Tort
Breach of Contract
Duty imposed by law
Violation of a right in
Damages are
unliquidated
rem
Duty imposed by the
parties to the contract
Violation of a right in
personam
Damages are
liquidated
Distinction between a Tort and a
Crime
Both are violations of rights in rem
In both the cases, duties are imposed by
law
Tort
Crime
Private Wrong
Public Wrong
Breach of Private
Duties
Object of action is
compensation
Breach of Public Duties
Individual has to
approach a Civil Court
for redressal
Object of action is
punishing the wrong
doer
State initiates
prosecution against
the wrong doer
Kinds of Torts
Torts affecting the person
Assault
– intentionally creating an
apprehension in another person that force
would be used against him
Battery – intentional application of force to
another without lawful justification
False Imprisonment – total restraint on the
liberty of the person without lawful
justification
Torts affecting reputation
Defamation
– publication of a statement
which is false and defamatory by the
defendant which refers to the plaintiff
Libel
– defamatory statement which is addressed
to the eye and is actionable per se
Slander – defamatory statement which is
addressed to the ear and is actionable only on
proof of damage
Malicious Prosecution
defendant
instituting prosecution
with malice and without reasonable and
probable cause
against the plaintiff thereby affecting his
liberty, property and reputation and
the prosecution must have ended in plaintiff’s
favour
Torts affecting Immovable Property
Trespass
– unlawful entry upon the land of
another or unlawful interference with the
possession of land of another
Dispossession – withholding the possession of
land from the rightful owner
Injury to easements – injury to a right to
support of land and buildings, right to light
and air, right to way, right of water and right
of privacy
Torts affecting Moveable Property
Trespass
to goods – wrongfully taking goods
out of plaintiff’s possession or forcibly
interfering with the goods
Detention – wrongfully withholding the
immediate possession of goods from one who
is entitled to it
Conversion – willful interference without
lawful justification with goods in a manner
inconsistent with the rights of the owner
Torts affecting both person and property
Negligence
– breach of duty of care owed by
the defendant to the plaintiff resulting in harm
to the plaintiff
Nuisance – unlawful interference with the use
or enjoyment of property or with the exercise
of common right
Fraud – making a false statement knowingly
or recklessly with an intention that another
should rely and act to his detriment and the
other does so act
Remedies
Extra-judicial remedies – Remedies by the
act of the parties
Self
help
Abatement of Nuisance
Distress damage feasant
Judicial Remedies – Remedies available
from the Courts
Damages
– pecuniary compensation
Specific Restitution of property
Injunctions (Temporary or Permanent),
(Mandatory or Prohibitory)
Damages
Nominal
– damages in recognition of a right
Substantial – compensation for the actual loss
Contemptuous – marks a disapproval of the
plaintiff’s conduct
Exemplary – punitive in nature
Any Questions ?
Thank you