Top 5 Important Cases to Understand the Basics of Torts | Civil Law for Judiciary Exams PDF Download

Introduction

• The term "Tort" originates from French, derived from the Latin word "tortum," meaning to twist, implying twisted conduct. It is akin to the Sanskrit word "jimha," signifying "crooked," used in ancient Hindu Law to denote tortious or fraudulent conduct. Tort denotes a civil wrongful act, intentional or negligent, against a person or property.
• According to Prof. Winfield, tortious liability arises from breaching a duty fixed by law, leading to the infringement of another's legal rights, allowing for civil action to claim damages, injunction, property restitution, or self-help.
• In case of a tort, the injured party can seek damages equivalent to the injury's value to restore them. Damages aim to make the injured party whole, usually awarded in monetary form to compensate for the harm caused.
• An example illustrates this concept: If A negligently drives a car, causing injury to pedestrian B, A is liable for the tort, and B can seek damages for the harm suffered.

Essentials of Torts

• A wrongful act or omission by a person.
• The wrongful act causing legal damage to another.
• The wrongful act must qualify for legal remedy.

Important Judgments under Tort Law

Municipal Corporation Delhi vs. Subhagwanti, 1966

• The case of Municipal Corporation Delhi vs. Subhagwanti, 1966 (AIR 1966 SC 1750), revolves around the concept of negligence in tort law. Negligence refers to the failure to meet the standard of care expected in a given situation.
• In this instance, a clock tower collapsed in Chandni Chowk, Delhi, resulting in multiple fatalities. Despite the structure being twice its expected lifespan, the responsibility for its maintenance lay with the municipal corporation of Delhi. Consequently, the corporation was found liable for negligence due to its failure to uphold the duty of care owed to the victims. The legal principle of res ipsa loquitur, meaning "the thing speaks for itself," was invoked, indicating that the circumstances clearly pointed to the corporation's negligence in the upkeep of the clock tower.

Ashby vs. White, 1703

• The case of Ashby vs. White, 1703 2 Lord Raym 933, illustrates the legal principle of "injuria sine damno," which pertains to situations where a wrongful act occurs without resulting in actual damage. In this landmark case, the defendant, a returning officer, unlawfully denied registering the plaintiff's valid vote, despite the candidate for whom the vote was cast winning the election. 
• Consequently, the plaintiff sued for damages, and the court awarded him 5 Euros, emphasizing that the infringement of the plaintiff's legal right warranted a remedy, even in the absence of monetary loss. The Chief Justice reasoned that the right to vote constitutes a fundamental common law right, and any obstruction to its exercise constitutes a cause of action.
• The concept of injuria sine damno is also applicable in cases of trespass, where an individual, such as A, trespasses onto another's property, like B's land, without permission, even if no actual harm to the land occurs.

Bhim Singh vs. State of Jammu & Kashmir, 1985

• The case of Bhim Singh vs. State of Jammu and Kashmir, 1985 (AIR 1986 SC 494), highlights the concept of false imprisonment within Tort law, which involves intentionally confining another individual within fixed boundaries. In situations where a person is unlawfully arrested with malicious intent, the court has the authority to provide monetary compensation to the victim.
• In this case, Mr. Bhim Singh, an MLA of Jammu and Kashmir, was arrested and detained by the police, deliberately preventing him from attending legislative assembly sessions. Despite his detention, he was not presented before a magistrate for four days. Concerned about his whereabouts, his wife filed a petition in the Supreme Court under Habeas Corpus.
• Upon investigation, the court determined that Mr. Bhim Singh's arrest was illegal and motivated by malicious intent, constituting a violation of his constitutional rights. The court emphasized that the police, as custodians of law and order, must uphold personal liberty and refrain from engaging in unlawful acts. Consequently, Mr. Bhim Singh was deemed entitled to adequate compensation for the infringement of his fundamental legal rights as a member of the legislative assembly.

Gloucester Grammar School Case

• In Tort law, a common query arises regarding how justice is administered when harm is inflicted on an individual without any legal wrongdoing. The Gloucester Grammar School Case provides an answer to this question. In this instance, the defendant, a teacher at the plaintiff's school, established a competing school due to disputes, leading to a reduction in the plaintiff's school fees as students shifted to the defendant's popular teaching.
• The plaintiff filed a lawsuit against the defendant seeking compensation for the financial loss incurred. However, the court ruled that the plaintiff had no legal grounds for action because bona fide competition, even if it causes damage, does not warrant legal action. Compensation cannot be awarded when no legal right has been infringed.
• This scenario, where damage occurs without a corresponding legal injury, is termed "damnum sine injuria," meaning "injury caused without any actual loss." Therefore, an individual who suffers harm without a violation of a legal right is not entitled to compensation.

Mayor of Bradford vs. Pickle, 1985

• In the case of Mayor of Bradford vs. Pickles, 1985, the petitioner possessed water springs on his land that supplied water to the entire city. Adjacent to this land was the defendant's property, beneath which were natural reservoirs supplying water to the petitioner's springs. However, the defendant drilled a shaft into his land, diminishing the water flow to the petitioner's springs. The petitioner argued that the defendant's actions were malicious and sought injunctions against them.
• The central question raised was whether a lawful use of property could become unlawful due to malicious intent behind it. The court ruled that the defendant, being the owner of their land, had the right to divert or restrict water flow as they wished, which was legal. Therefore, the motive behind the act was deemed irrelevant as long as the action itself remained within the bounds of legality. Hence, the intention behind an act does not affect its legality as long as it remains lawful.

Conclusion

Indeed, the cases discussed above shed light on fundamental concepts within Tort law, such as negligence, injuria sine damno, false imprisonment, and damnum sine injuria. These principles are crucial as Torts address violations of basic legal rights, forming the foundation of the legal system. Moreover, the principles established in Tort law serve as the basis for laws governing more serious offenses. By addressing infringements on individual rights and providing remedies for harm caused, Tort law plays a vital role in upholding justice within society.