CLAT Exam  >  CLAT Notes  >  Legal Reasoning for CLAT  >  PPT: Introduction to Law of Torts

PPT: Introduction to Law of Torts | Legal Reasoning for CLAT PDF Download

Download, print and study this document offline
Please wait while the PDF view is loading
 Page 1


Law of Torts
Page 2


Law of Torts
I n t r o d u c t i o n
Definition
A tort is a wrongful act leading to civil liability, 
allowing for compensation recovery.
Etymology
The term "tort" has ancient Latin linguistic roots, 
meaning "twisted" or "wrongful."
Legal Perspective
Salmond defines it as a civil wrong remedied 
through common law actions for unliquidated 
damages.
Page 3


Law of Torts
I n t r o d u c t i o n
Definition
A tort is a wrongful act leading to civil liability, 
allowing for compensation recovery.
Etymology
The term "tort" has ancient Latin linguistic roots, 
meaning "twisted" or "wrongful."
Legal Perspective
Salmond defines it as a civil wrong remedied 
through common law actions for unliquidated 
damages.
Some Important Definitions of Tort
Winfield
Winfield states tortious liability stems from 
breaching a legally fixed duty owed to all, 
remedied by unliquidated damages.
Black9s Law Dictionary
Black¾s Law Dictionary defines a tort as a 
civil wrong remedied by obtaining 
damages.
Fraser9s Definition
Fraser defines tort as infringing a right in 
rem, granting the injured party 
compensation.
Pollock
Pollock views tort as an act or omission 
causing harm to a specific person, distinct 
from contractual breaches, giving rise to a 
civil remedy.
Page 4


Law of Torts
I n t r o d u c t i o n
Definition
A tort is a wrongful act leading to civil liability, 
allowing for compensation recovery.
Etymology
The term "tort" has ancient Latin linguistic roots, 
meaning "twisted" or "wrongful."
Legal Perspective
Salmond defines it as a civil wrong remedied 
through common law actions for unliquidated 
damages.
Some Important Definitions of Tort
Winfield
Winfield states tortious liability stems from 
breaching a legally fixed duty owed to all, 
remedied by unliquidated damages.
Black9s Law Dictionary
Black¾s Law Dictionary defines a tort as a 
civil wrong remedied by obtaining 
damages.
Fraser9s Definition
Fraser defines tort as infringing a right in 
rem, granting the injured party 
compensation.
Pollock
Pollock views tort as an act or omission 
causing harm to a specific person, distinct 
from contractual breaches, giving rise to a 
civil remedy.
Law of Tort or Law of Torts
Winfield's View
Tort law is continually evolving with the 
addition of new torts. Hence, it is referred to 
as the law of tort.
Salmond's View
Salmond believed it should be called the law 
of torts, suggesting a collection of specific 
wrongs.
Page 5


Law of Torts
I n t r o d u c t i o n
Definition
A tort is a wrongful act leading to civil liability, 
allowing for compensation recovery.
Etymology
The term "tort" has ancient Latin linguistic roots, 
meaning "twisted" or "wrongful."
Legal Perspective
Salmond defines it as a civil wrong remedied 
through common law actions for unliquidated 
damages.
Some Important Definitions of Tort
Winfield
Winfield states tortious liability stems from 
breaching a legally fixed duty owed to all, 
remedied by unliquidated damages.
Black9s Law Dictionary
Black¾s Law Dictionary defines a tort as a 
civil wrong remedied by obtaining 
damages.
Fraser9s Definition
Fraser defines tort as infringing a right in 
rem, granting the injured party 
compensation.
Pollock
Pollock views tort as an act or omission 
causing harm to a specific person, distinct 
from contractual breaches, giving rise to a 
civil remedy.
Law of Tort or Law of Torts
Winfield's View
Tort law is continually evolving with the 
addition of new torts. Hence, it is referred to 
as the law of tort.
Salmond's View
Salmond believed it should be called the law 
of torts, suggesting a collection of specific 
wrongs.
E x a m p l e s
Scenario 1: Negligent Driving
If a driver's negligence causes a collision, resulting 
in physical injury and property damage, the injured 
party can pursue a claim for compensation 
including medical expenses and repairs.
Scenario 2: Product Liability
When a manufacturer's defective product directly 
causes harm to a consumer during intended use, 
the consumer can initiate a product liability lawsuit 
to recover damages for their injuries.
Read More
63 videos|187 docs|37 tests

FAQs on PPT: Introduction to Law of Torts - Legal Reasoning for CLAT

1. What is the Law of Torts and why is it important?
Ans. The Law of Torts is a branch of law that deals with civil wrongs, where one party's actions cause harm or loss to another party. It is important because it provides a legal framework for individuals to seek compensation for damages caused by the wrongful acts of others, thereby promoting accountability and protecting individual rights.
2. What are the main types of torts recognized in law?
Ans. The main types of torts recognized in law include intentional torts, negligence, and strict liability torts. Intentional torts occur when a person deliberately causes harm to another (e.g., assault, battery). Negligence involves harm caused by failing to exercise reasonable care (e.g., car accidents). Strict liability torts hold a party responsible for damages without the need to prove negligence or intent (e.g., product liability cases).
3. How does the concept of negligence apply in the Law of Torts?
Ans. Negligence in the Law of Torts refers to the failure to exercise the level of care that a reasonably prudent person would in similar circumstances, leading to harm or injury to another party. To establish negligence, a plaintiff must prove four elements: duty of care, breach of that duty, causation (linking the breach to the harm), and damages resulting from the breach.
4. What is the difference between a tort and a crime?
Ans. The primary difference between a tort and a crime lies in the nature of the wrong and the types of legal actions taken. A tort is a civil wrong that results in harm or loss to an individual, allowing that individual to sue for damages. A crime, on the other hand, is an offense against the state or public, punishable by law, and may result in imprisonment or fines. In tort cases, the victim seeks compensation, while in criminal cases, the state seeks punishment.
5. What defenses can be used in tort cases?
Ans. Common defenses in tort cases include contributory negligence, where the plaintiff's own negligence contributed to the harm; assumption of risk, where the plaintiff knowingly engaged in an activity with inherent risks; and consent, where the plaintiff agreed to the risk of harm. Additionally, in some cases, a defendant may argue that there was no duty of care owed to the plaintiff, which can absolve them of liability.
Related Searches

pdf

,

study material

,

Extra Questions

,

Important questions

,

Summary

,

mock tests for examination

,

practice quizzes

,

Objective type Questions

,

ppt

,

Viva Questions

,

shortcuts and tricks

,

video lectures

,

PPT: Introduction to Law of Torts | Legal Reasoning for CLAT

,

PPT: Introduction to Law of Torts | Legal Reasoning for CLAT

,

Previous Year Questions with Solutions

,

Semester Notes

,

past year papers

,

PPT: Introduction to Law of Torts | Legal Reasoning for CLAT

,

Exam

,

MCQs

,

Free

,

Sample Paper

;