Law of Torts Chapter Notes - CUET Commerce PDF Download

Introduction

Functional Definition

'Tort' means a 'wrong', originating from the Latin word 'tortum', which means 'twisted' or 'crooked'.

• In law, tort is a civil wrong or wrongful act, intentional or accidental, causing harm to another.
• Victims seek civil remedies for damages or court orders/injunctions.
• Tort is distinct from criminal wrongs with different procedures and remedies.
• Criminal cases involve state legal proceedings, while civil cases like tort suits are pursued for compensation or injunctions.
• Tort cases aim to compensate victims, while criminal cases focus on punishment.
• Injunctions may prohibit harm or prevent trespass, and punitive damages can exceed compensation.
• Torts can be intentional or accidental, including acts like battery, assault, nuisance, defamation, property damage, trespass, negligence, etc.
• Tort law interacts with criminal and contract law but is distinct.

Sources of Tort Law - common law versus statute law

• Torts primarily develop through common law, evolving from judicial decisions rather than statutes.
• Common law principles of torts have been shaped by centuries of court cases in countries like India and the USA.
• Unlike criminal or contract law, tort law in India is not governed by a comprehensive statute.
• Special areas of tort law, such as automobile accidents and consumer protection, are covered by specific statutes like the Motor Vehicle Act of 1988 and the Consumer Protection Act of 1986 in India.

Kinds of Wrongful Acts

• In tort cases, the victim or claimant asserts that the defendant is responsible for a wrongful act or injury.
• There are three primary types of wrongs in tort law: intentional acts, negligent acts, and strict liability.

1. Intentional Tort

• An intentional tort occurs when the claimant proves that the defendant caused harm purposefully.
• The claimant must demonstrate that they suffered a specific injury due to the defendant's actions.
• Various intentional torts include assault, battery, false imprisonment, unlawful harassment, and invasion of privacy.

Battery and Assault

• Battery is committed when the defendant intentionally touches the claimant to cause harm or offense.
• For battery, both intent and causation are necessary.
• The act of touching can vary and does not always involve physical contact with a fist.
• The legal concept of assault occurs when the defendant intends to create a reasonable feeling of fear in the claimant regarding an immediate harmful or offensive physical contact. This fear must cause the claimant to reasonably believe that harm is imminent.
• In simpler terms, assault happens when the defendant tries to make the claimant think they are about to be physically harmed, and as a result, the claimant genuinely fears harm.
• It is crucial that the threat of harm feels immediate and direct. For instance, if someone throws an object at another person, and the person dodges it in fear, that can be considered assault.
• The perception of the claimant is key. For example, if someone points an unloaded firearm at another person who doesn't know it's unloaded, and that person fears being shot, it constitutes assault even without physical contact.
• Assault can happen independently of battery, which is the actual physical harm. For instance, one can be physically harmed without experiencing assault, like being hit from behind.

False Imprisonment

• False imprisonment occurs when there is an intention to illegally confine the claimant within a restricted area, and this action results in the claimant being aware of the confinement.
• For instance, if someone locks another person in a room without the legal right to do so, and the trapped person is aware of being confined, false imprisonment has taken place.
• In some cases, actual harm suffered by the claimant can substitute for the awareness of being imprisoned. So, even if the person doesn't realize they are trapped but experiences harm, false imprisonment is still applicable.
• However, it's important to note that the claimant should not be willingly and knowingly confined for false imprisonment to occur.

Trespass to Land

• The tort of trespass to land occurs when the defendant intends to physically invade the real property of the claimant without permission.
• The invasion can involve objects or people and includes the airspace above and the area below the land.
• For instance, littering on the claimant's land or creating a drainage outlet beneath it constitutes trespass to land.

Trespass to Chattels

• Trespass to chattels occurs when the defendant intends to interfere with a movable personal property of the claimant without authorization.
• This interference results in significant harm, such as dispossessing the claimant, damaging the chattel, or causing other harm to the claimant's legally protected interests.
• For example, painting the claimant's car parked on the street without consent amounts to trespass to chattels.

Conversion

• The tort of conversion is somewhat linked to trespass to chattels. 
• It happens when the defendant purposely uses or meddles with the claimant's property in such a serious manner that compensation for the full original value is justified. Essentially, the defendant is compelled to buy the property at its original value. 
• The remedy for conversion is a forced sale. 
• This tort applies in various scenarios such as when the property is taken, transferred, altered, misused, or damaged.

Unlawful Harassment

• A defendant can be held accountable for causing deliberate physical harm to the victim, even without involving battery or assault. 
• For instance, if the defendant falsely informs the claimant that their child has been in an accident, leading to emotional distress and illness, this constitutes unlawful harassment. 
• Sexual harassment can also be considered unlawful harassment, like following someone, sending unwanted messages or calls, actions that amount to harassment without involving violence or threats.

Invasion of Privacy

• The concept of invasion of privacy in tort law is still evolving. 
• Some scholars suggest the potential for recognizing invasion of privacy as a tort. This could include violations of personal and family life, like unauthorized photography. 
• Deliberate intrusions into a person's private life without consent may fall under this category of tort law.

2. Negligence

• The concept of negligence involves the wrongdoer being careless in a way that harms the victim or claimant's interests.
• In a negligence case, the claimant must prove three elements against the defendant:
  1. The defendant owes a duty of care to the victim.
  2. There has been a breach of duty of care by the defendant.
  3. The breach of duty resulted in harm to the claimant.

Duty of Care:

• The duty of care principle, illustrated in the case of 'Donoghue v Stevenson', emphasizes owing care to those who could foreseeably be harmed.
• For instance, a landlord should ensure tenant safety by avoiding hazards like storing petrol in the apartment basement.

Breach of Duty of Care:

• After proving duty of care, the claimant must show that the duty was breached, meaning the defendant failed to meet the standard of reasonableness.
• Standards of reasonable care vary based on individual case facts, as seen in the 'Donoghue v Stevenson' case.

Harm to the Claimant:

• In instances like 'Donoghue v Stevenson', negligence led to harm or injury to the claimant, demonstrating the impact of breaching a duty of care.
• In another scenario, storing petrol in a basement causing a fire resulted in harm to the tenants.

3. Strict Liability

• Torts based on strict liability do not consider the intention or carelessness of the defendant when harm is caused to the claimant.
• The claimant doesn't need to prove any level of blame based on intention or carelessness.
• Strict liability applies in limited scenarios, such as when the defendant's animals cause harm or when engaged in extremely hazardous activities like using explosives.
• For instance, if a defendant owns a known dangerous animal like a biting dog, they are strictly liable for resulting harm. However, owning a bull that harms someone is not considered strict liability as it's a normal risk.
• Regarding ultra-hazardous activities, if a defendant conducts such activities that pose inevitable danger, they could be held responsible for resulting damages even if they took reasonable precautions.

Absolute Liability in India:

• In India, the concept of Absolute Liability was established by the Supreme Court following incidents of gas leaks causing massive harm.
• Notably, in the Bhopal gas tragedy of 1984 and the Shri Ram Foods incident in 1985, where significant casualties occurred due to gas leaks, the principle of Absolute Liability was emphasized.
• The court ruled that enterprises engaged in hazardous industries have an absolute duty to ensure safety, irrespective of precautions taken, and are liable for any harm caused by their activities.
• The enterprise's responsibility is absolute, even if they claim to have taken all reasonable care and the harm occurred without negligence on their part.

Summary of the Kinds of Harms

Property interests in land

• The law of tort protects the claimant's interests in their land by preventing intentional intrusions or trespass by the defendant. Damage caused due to carelessness or negligence can also harm the claimant. Interference with the claimant's right to enjoy their land can lead to the tort of nuisance.

Other types of Property

• Tort law prohibits the deliberate taking away of tangible property, known as 'conversion'. Damage to property can also result from carelessness or negligence.

Bodily Injury

• Tort law protects the claimant against harm to their bodily integrity. 
• Battery and assault pertain to intentional harm to the body. 
• Harm can also result from negligence or breach of statutory duty, such as traffic or health laws. 
• Mental distress can lead to compensation for the victim.

Economic Interests

• To some degree, tort law protects economic interests. 
• Both intentional and negligent acts can cause economic harm to the claimant.

Purpose of Tort Law

1. Deterrence: Tort law ensures that a person who commits a wrongful act compensates the victim. This discourages individuals from harming others and promotes careful behavior.
2. Fair and just response: Tort law guarantees that the victim receives compensation from the wrongdoer to meet the standards of justice. Wrongdoers are held responsible for their actions.
3. Loss-spreading: Tort law can be utilized to distribute losses across a broader community. For instance, if a product manufacturer pays compensation, they might pass on the costs to consumers by increasing product prices. In the case of auto insurance, all drivers pay premiums, which are then used by insurance companies to compensate victims.