CLAT Exam > CLAT Notes > Legal Reasoning > Cheat Sheet: Law of Torts
Cheat Sheet: Law of Torts
1. Fundamental Concepts
1.1 Definition and Nature
| Concept | Explanation |
|---|---|
| Tort | A civil wrong not arising out of contract or trust for which remedy is damages |
| Tortfeasor | Person who commits a tort |
| Damnum Sine Injuria | Damage without legal injury; no action lies (Gloucester Grammar School Case) |
| Injuria Sine Damno | Legal injury without actual damage; action lies (Ashby v. White) |
1.2 Distinction from Crime and Contract
| Basis | Tort vs Crime vs Contract |
|---|---|
| Nature of Wrong | Tort: Civil wrong; Crime: Public wrong; Contract: Breach of agreement |
| Remedy | Tort: Unliquidated damages; Crime: Punishment; Contract: Liquidated damages |
| Parties | Tort: Individual to individual; Crime: State prosecutes; Contract: Contracting parties |
| Basis of Liability | Tort: Duty fixed by law; Crime: Duty to state; Contract: Duty by agreement |
1.3 Essential Elements of Tort
- Wrongful act or omission by defendant
- Legal damage or injury to plaintiff
- Act must be of such nature to give rise to legal remedy
2. Capacity to Sue and Be Sued
2.1 Parties
| Party | Position |
|---|---|
| Minor | Can sue and be sued through guardian; not liable for torts connected with contracts |
| Lunatic | Can sue through next friend; liable only if tort committed during lucid interval |
| Married Woman | Can sue and be sued independently |
| Corporation | Can sue and be sued; liable for torts committed by employees in course of employment |
| Government | Article 300 allows suits; sovereign immunity limited; liable under vicarious liability |
| Foreign Sovereign | Immune from jurisdiction of Indian courts |
3. General Defenses
3.1 Major Defenses
| Defense | Explanation |
|---|---|
| Volenti Non Fit Injuria | No injury to one who consents; must be free consent with knowledge of risk |
| Plaintiff the Wrongdoer | Ex turpi causa non oritur actio - no action arises from wrongful cause |
| Inevitable Accident | Event not foreseeable or preventable by reasonable care (Stanley v. Powell) |
| Act of God | Extraordinary natural event which cannot be reasonably anticipated (vis major) |
| Private Defence | Reasonable force to protect person or property; force must be proportionate |
| Necessity | Act done to prevent greater harm; public or private necessity |
| Statutory Authority | Act authorized by statute; no liability if no negligence |
| Mistake | Mistake of fact may be defense in some torts; mistake of law not a defense |
4. Specific Torts - Intentional Torts Against Person
4.1 Assault
- Threat of force causing reasonable apprehension of immediate harm
- No actual contact required
- Stephens v. Myers: Defendant moved to strike plaintiff but was stopped
4.2 Battery
- Intentional application of force to another person without consent
- Even slightest touching without consent suffices
- Cole v. Turner: Least touching in anger is battery
4.3 False Imprisonment
| Element | Details |
|---|---|
| Definition | Complete deprivation of liberty for any time without lawful excuse |
| Requirements | Total restraint; knowledge of restraint not essential; intention to confine |
| Key Case | Bird v. Jones: Partial obstruction is not false imprisonment |
| Examples | Unlawful arrest, locking someone in room, preventing from leaving |
5. Negligence
5.1 Definition and Essentials
| Element | Explanation |
|---|---|
| Definition | Breach of duty causing damage to plaintiff; omission to do something reasonable |
| Duty of Care | Legal obligation to take reasonable care (neighbor principle from Donoghue v. Stevenson) |
| Breach of Duty | Failure to exercise standard of care that reasonable person would exercise |
| Damage | Actual harm or loss suffered by plaintiff; must be consequence of breach |
| Causation | Breach must be proximate cause of damage; res ipsa loquitur may apply |
5.2 Important Principles
| Principle | Meaning |
|---|---|
| Res Ipsa Loquitur | Thing speaks for itself; negligence inferred from mere occurrence (barrel falling case) |
| Contributory Negligence | Plaintiff's own negligence contributed to harm; damages may be reduced proportionately |
| Composite Negligence | Negligence of two or more persons causing same damage; joint and several liability |
5.3 Professional Negligence
- Medical: Bolam test - standard of ordinary skilled professional; not liable for error of judgment
- Legal: Advocate owes duty to client; standard of reasonably competent advocate
- Must show departure from normal practice and damage therefrom
6. Strict Liability and Absolute Liability
6.1 Strict Liability (Rylands v. Fletcher)
| Aspect | Details |
|---|---|
| Rule | Person bringing hazardous thing on land liable if it escapes and causes damage |
| Essentials | Non-natural use of land; dangerous thing brought on land; escape; damage caused |
| Defenses | Plaintiff's consent, act of stranger, act of God, statutory authority, plaintiff's default |
6.2 Absolute Liability (M.C. Mehta v. Union of India)
- Enterprise engaged in hazardous activity absolutely liable for harm
- No exceptions or defenses available
- Liability not limited by financial capacity; must compensate all affected
- Arising from Oleum gas leak case (Shriram Industries)
6.3 Comparison
| Basis | Strict Liability vs Absolute Liability |
|---|---|
| Origin | Strict: English law (Rylands v. Fletcher); Absolute: Indian law (M.C. Mehta) |
| Defenses | Strict: Defenses available; Absolute: No defenses |
| Escape | Strict: Escape necessary; Absolute: Escape not necessary |
| Application | Strict: General cases; Absolute: Hazardous/inherently dangerous enterprises |
7. Vicarious Liability
7.1 Master and Servant
| Concept | Explanation |
|---|---|
| Principle | Qui facit per alium facit per se - who acts through another acts himself |
| Course of Employment | Master liable for acts done by servant in course of employment |
| Tests | Control test, organization test, nature of work test |
| Frolic and Detour | Acts outside scope of employment; master not liable (Storey v. Ashton) |
7.2 When Master is Liable
- Wrongful acts authorized by master
- Authorized acts done in wrongful manner
- Acts incidental to employment even if prohibited (Limpus v. London General Omnibus)
- Acts for master's benefit during course of employment
7.3 When Master is Not Liable
- Acts outside scope of employment
- Criminal acts of servant unless authorized
- Independent contractor's acts (exceptions: extra-hazardous activities, non-delegable duties)
- Servant acting for own purposes (Lloyd v. Grace Smith)
7.4 Other Vicarious Liability
| Relationship | Liability |
|---|---|
| Principal-Agent | Principal liable for agent's torts within scope of authority |
| Partners | Each partner liable for torts of co-partners in ordinary course of business |
| Owner-Driver | Owner liable if driver acting with permission and in course of employment |
8. Nuisance
8.1 Private Nuisance
| Aspect | Details |
|---|---|
| Definition | Unlawful interference with use or enjoyment of land or some right over it |
| Essentials | Unreasonable interference; damage to plaintiff; continuance or repetition |
| Remedies | Injunction (main remedy), damages, abatement |
| Who Can Sue | Person with interest in land; exclusive possession not required |
8.2 Public Nuisance
- Act affecting comfort and convenience of public at large or class of citizens
- Criminal prosecution possible; civil action only if special damage proved
- Examples: obstruction of highway, noxious fumes, noise pollution
- Attorney General may sue on behalf of public
8.3 Defenses to Nuisance
| Defense | Validity |
|---|---|
| Statutory Authority | Valid defense if act authorized by statute |
| Prescription | Continuance for 20 years as of right may be defense in private nuisance |
| Coming to Nuisance | Not a defense that plaintiff came to area where nuisance existed |
| Public Benefit | Not a defense that activity benefits public |
| Reasonable Care | Not a defense; nuisance is strict liability tort |
9. Defamation
9.1 Definition and Essentials
| Element | Explanation |
|---|---|
| Definition | Publication of false statement lowering person's reputation in eyes of right-thinking members of society |
| Defamatory Statement | Must lower reputation, expose to hatred/contempt/ridicule, cause to be shunned |
| Reference to Plaintiff | Statement must refer to plaintiff directly or by reasonable implication |
| Publication | Communication to third person; not defamation if only to plaintiff |
9.2 Libel and Slander
| Basis | Libel vs Slander |
|---|---|
| Form | Libel: Permanent form (written, printed, film); Slander: Transitory form (spoken, gestures) |
| Actionability | Libel: Actionable per se; Slander: Proof of special damage required (exceptions exist) |
| Criminal Liability | Libel: Crime (IPC Section 499-502); Slander: Not a crime |
9.3 Defenses to Defamation
| Defense | Explanation |
|---|---|
| Truth/Justification | Truth is complete defense; burden on defendant to prove |
| Fair Comment | Fair comment on matter of public interest; must be honest opinion on true facts |
| Absolute Privilege | Parliamentary proceedings, judicial proceedings, state communications; no malice relevant |
| Qualified Privilege | Statements where maker has duty/interest and receiver has corresponding interest; defeated by malice |
| Consent | Volenti non fit injuria applies |
| Apology | May reduce damages; not complete defense |
9.4 Special Cases
- Slander actionable per se: Imputation of crime, contagious disease, unchastity of woman, unfitness in profession
- Innocent dissemination: Distributor/retailer not liable if unaware of defamatory nature
- Multiple publication rule: Each publication creates separate cause of action
10. Trespass
10.1 Trespass to Land
| Aspect | Details |
|---|---|
| Definition | Unjustifiable interference with possession of land |
| Essentials | Physical entry; without lawful justification; interference with possession |
| Actionability | Actionable per se; no proof of damage required |
| Types | Entry on land, remaining after permission withdrawn, placing object on land |
| Who Can Sue | Person in actual possession; ownership not necessary |
| Remedies | Ejectment, damages, injunction |
10.2 Trespass to Goods (Chattels)
- Direct physical interference with goods in possession of another
- Actionable per se without proof of damage
- Includes taking, damaging, or destroying goods
- Must be intentional and direct interference
10.3 Trespass to Person
- Includes assault, battery, false imprisonment
- Must be direct, intentional interference
- Actionable per se
11. Conversion and Detinue
11.1 Conversion
| Element | Explanation |
|---|---|
| Definition | Intentional dealing with goods inconsistent with owner's right |
| Acts Constituting | Wrongful taking, wrongful detention, wrongful disposal, wrongful delivery |
| Intention | Intention to deal with goods; not intention to convert |
| Who Can Sue | Person entitled to immediate possession |
11.2 Detinue
- Wrongful detention of goods from person entitled to possession
- Plaintiff must demand return before suing
- Detention must be intentional and unjustified
- Remedy: Return of goods or value plus damages for detention
12. Remedies
12.1 Judicial Remedies
| Remedy | Details |
|---|---|
| Damages | Main remedy; compensatory, nominal, exemplary/punitive, contemptuous |
| Injunction | Prohibitory or mandatory; discretionary remedy to prevent continuing wrong |
| Specific Restitution | Return of specific property wrongfully taken |
12.2 Types of Damages
| Type | Purpose |
|---|---|
| Compensatory | Compensate actual loss suffered; restitutio in integrum |
| Nominal | Token amount when legal right violated but no substantial loss |
| Exemplary/Punitive | Punish defendant for oppressive conduct; awarded in exceptional cases |
| Contemptuous | Very small sum when action should not have been brought |
12.3 Extra-Judicial Remedies
- Self-defense: Reasonable force to protect person or property
- Re-entry on land: Peaceful re-entry without force on own land
- Abatement of nuisance: Remove nuisance without legal proceedings if necessary
- Distress damage feasant: Detain trespassing cattle until compensation paid
13. Important Case Laws
| Case | Principle |
|---|---|
| Donoghue v. Stevenson | Neighbor principle; duty of care to persons foreseeably affected |
| Ashby v. White | Injuria sine damno; violation of legal right actionable |
| Gloucester Grammar School Case | Damnum sine damno; damage without legal injury not actionable |
| Rylands v. Fletcher | Strict liability for dangerous things brought on land that escape |
| M.C. Mehta v. Union of India | Absolute liability for hazardous enterprises; no exceptions |
| Bird v. Jones | Partial obstruction not false imprisonment; must be total restraint |
| Limpus v. London General Omnibus | Master liable for servant's wrongful mode of doing authorized act |
| Stanley v. Powell | Inevitable accident is a defense |
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