CBSE Textbook Solutions: Law of Torts | Legal Studies for Class 12 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions: 

Q1. Define what is law of tort? What is the difference between tort law and criminal law? 
Ans: The law of tort is defined as a civil wrong or a wrongful act, either intentional or accidental, that results in injury or harm to another person. This legal framework allows the injured party, known as the claimant, to seek remedies through civil litigation. The primary aim of tort law is to provide compensation to the aggrieved party, restoring them to the position they were in before the tort occurred.
Difference Between Tort Law and Criminal Law
The key differences between tort law and criminal law are as follows:

• Nature of Wrong: Tort law deals with civil wrongs that cause harm to individuals, while criminal law addresses offenses against the state or society as a whole.
• Parties Involved: In tort cases, the injured party (claimant) sues the wrongdoer (defendant) for compensation. In criminal cases, the state prosecutes the accused on behalf of society.
• Objective: The primary goal of tort law is to compensate the victim, whereas criminal law aims to punish the offender and deter future crimes.
• Outcomes: Tort cases typically result in monetary damages awarded to the victim, while criminal cases may lead to penalties such as imprisonment, fines, or community service.

Conclusion
In summary, the law of torts serves to address civil wrongs and provide remedies for individuals harmed by the actions of others, distinguishing itself from criminal law, which focuses on punishing offenses against society.

Q2. What are the sources of tort law? 
Ans: The law of torts primarily originates from common law, developed through centuries of judicial decisions rather than from statutory enactments. Here are the key sources:

• Common Law: The majority of tort law is derived from case law established by judicial decisions in English courts and other jurisdictions that follow the common law system, such as India, Canada, Australia, and the United States.
• Judicial Precedents: Decisions made in previous cases serve as precedents for future cases. Tort law evolves as courts interpret and apply these precedents to new situations.
• Statutes: While tort law is predominantly common law, some jurisdictions have enacted statutes that address specific tortious wrongs, although there is no comprehensive statute governing tort law as a whole in many places, including India.
• Legal Commentary: Scholarly articles and legal textbooks also contribute to the understanding and development of tort law by analyzing case law and suggesting reforms.

In summary, tort law is a complex interplay of common law principles, judicial precedents, and, to a lesser extent, statutory provisions. Unlike criminal law, which is codified, tort law is largely shaped by the outcomes of individual cases.

Q3. What is intentional tort? Explain at least three different kinds of intentional tort? 
Ans: An intentional tort is a wrongful act done on purpose that causes harm or injury to another person. The claimant must demonstrate that the defendant acted with intent to cause the injury and that the injury resulted from the defendant's actions.
Three Different Kinds of Intentional Tort

• Assault: Assault occurs when one person intentionally puts another in fear of imminent harmful or offensive contact. It does not require physical contact; the mere threat of harm can suffice to constitute assault.
• Battery: Battery involves the intentional and unlawful physical contact with another person. This can include hitting, pushing, or any form of unwanted touching that causes injury or offense to the victim.
• False Imprisonment: False imprisonment occurs when an individual is confined or restrained against their will without legal justification. This can happen through physical barriers, force, or threats, and the victim must be aware of the confinement for it to qualify as false imprisonment.

Conclusion
Intentional torts are significant in tort law as they allow victims to seek compensation for deliberate harm caused by others. Understanding the different types of intentional torts helps in recognizing one's rights and the legal remedies available.

Q4. What is tort of negligence and how does duty of care relate with negligence? 
Ans: The tort of negligence is a legal concept that arises when a person (the defendant) fails to exercise reasonable care, resulting in harm to another person (the claimant). To establish a case of negligence, the claimant must prove three essential elements:

• Duty of Care: The defendant must owe a duty of care to the claimant. This means that the defendant has a legal obligation to act with a certain standard of care to avoid causing harm to others.
• Breach of Duty: The claimant must demonstrate that the defendant breached this duty of care. This involves showing that the defendant's actions fell short of the standard of care expected in the circumstances.
• Causation: The claimant must prove that the breach of duty directly caused the harm suffered. This means establishing a clear link between the defendant's negligence and the injury or damage incurred by the claimant.

Relationship Between Duty of Care and Negligence

• The duty of care is foundational to the tort of negligence. It establishes the legal relationship between the parties, indicating that the defendant must take reasonable steps to prevent harm to the claimant. The standard of care expected can vary based on the context, such as whether the claimant is a lawful visitor or a trespasser.
• For example, in the landmark case of Donoghue v. Stevenson, the court ruled that manufacturers owe a duty of care to consumers, highlighting that a breach of this duty, leading to harm, constitutes negligence. Similarly, a landlord must ensure the safety of tenants by not storing hazardous materials that could cause injury.

Conclusion
In summary, the tort of negligence requires the establishment of a duty of care, a breach of that duty, and a causal link to the harm suffered. Understanding this relationship is crucial for navigating legal claims related to negligence.

Q5. What is strict liability principle? Give one example. 
Ans: The strict liability principle is a legal doctrine that holds a party responsible for their actions or products, regardless of fault or intent. Under this principle, a person can be held liable for damages caused by their activities or possessions that are inherently dangerous, even if they exercised reasonable care to prevent harm.
Example of Strict Liability
An example of strict liability can be seen in the case of a person who owns a wild animal. If the animal escapes and causes injury to another person or damages property, the owner is strictly liable for the damages, regardless of whether they took precautions to secure the animal.
Key Points

• Strict liability applies to inherently dangerous activities.
• Liability exists even in the absence of negligence or intent.
• Common examples include keeping hazardous substances or wild animals.

Q6. Some basic principles regarding strict liability were established in Ryland V Fletcher. Discuss these principles. 
Ans: The landmark case of Rylands v. Fletcher established several foundational principles regarding strict liability in tort law. The following are the key principles derived from this case:

• Dangerous Thing: The principle states that if a person brings a dangerous substance onto their land, they are liable for any damage caused by its escape, regardless of the precautions taken to prevent such an escape.
• Escape: Liability arises when the dangerous substance escapes from the defendant's land and causes damage to the claimant's property.
• Liability: The defendant is strictly liable for the damage caused by the escape of the dangerous substance, irrespective of negligence or intent.

In essence, if an individual brings something inherently dangerous onto their property and it escapes, resulting in damage, that individual is held strictly liable for the consequences.

Q7. There are certain exceptions to strict liability which are not available in a case of absolute liability. List these exceptions. 
Ans: 

• Plaintiff's Own Fault: If the damage is caused by the act or default of the claimant, no remedy is available.
• Act of God: If the escape is caused by natural events without human intervention, this can be used as a defense.
• Mutual Benefit: If there is consent from the plaintiff regarding the presence of the hazardous source and no negligence from the defendant.
• Act of Stranger: If the harm is caused by a third party not under the control of the defendant.
• Statutory Act: If the damage results from actions taken by the government or a corporation, this may serve as a defense.

Q8. Discuss the main differences between strict liability and absolute liability, with the help of relevant case law. 
Ans: 

Strict Liability: This legal principle holds a person responsible for damages caused by their actions or possessions, regardless of fault or negligence. It applies primarily in cases involving inherently dangerous activities.

Absolute Liability: This principle imposes liability on enterprises engaged in hazardous activities without any exceptions. The defendant cannot claim defenses such as "Act of God" or "Act of Stranger."
Key Differences

Relevant Case Law

• In the landmark case of Rylands v. Fletcher, the principles of strict liability were established, where the defendant was held liable for damages caused by the escape of water from his reservoir, despite taking precautions.
• In contrast, the case of MC Mehta v. Union of India illustrated absolute liability, where the Supreme Court held that the defendant was liable for damages caused by a gas leak from a factory, regardless of any safety measures taken.

Conclusion
While both strict and absolute liability impose responsibility without the need for fault, absolute liability is more stringent, applying to hazardous activities without any exceptions or defenses.

Q9. What are the objectives behind having tort law? 
Ans: The objectives behind having tort law are multifaceted and serve essential functions in the legal system. Here are the primary objectives:

• Restorative Justice: Tort law aims to restore the injured party to the position they were in before the tort occurred. This is achieved through compensatory damages, which seek to cover the losses incurred due to the wrongful act.
• Deterrence: By holding individuals accountable for their actions, tort law serves as a deterrent against negligent or intentional harmful behavior. This encourages individuals and entities to adhere to standards of reasonable behavior.
• Compensation: The law of torts provides a mechanism for victims to receive compensation for their injuries, whether they are physical, emotional, or economic. This financial remedy is crucial for the aggrieved parties to recover and move forward.
• Promoting Social Responsibility: Tort law encourages individuals and organizations to act responsibly and consider the impact of their actions on others, thereby fostering a sense of social duty and respect for the rights of others.
• Clarification of Rights: Tort law helps clarify the rights and responsibilities of individuals in society, providing a legal framework within which disputes can be resolved and rights can be protected.

In conclusion, tort law serves to provide remedies for civil wrongs, promote responsible behavior, and uphold the rights of individuals, thereby contributing to the overall order and fairness in society.

Q10. Explain the meaning of the following terms: 
(a) Unliquidated damages 
(b) Defamation 
(c) Conversion
Ans:

• Unliquidated Damages: These refer to damages that cannot be predetermined or calculated through a fixed formula. They arise in tort cases where the extent of harm is uncertain, making it difficult to assign a specific monetary value. The court assesses these damages based on the circumstances surrounding the case.
• Defamation: This is a legal term describing the act of damaging someone's reputation through false statements. Defamation can be classified into two types: libel (written statements) and slander (spoken statements). The injured party may seek compensation for the harm caused to their reputation.
• Conversion: This term refers to an unlawful act of taking or using someone else's property without permission, effectively denying the owner their rights. It can involve the theft, alteration, or destruction of property. The remedy for conversion typically involves compensating the owner for the value of the property taken or damaged.