Fundamentals of TORT Law Video Lecture | Crash Course for CLAT (English)

Ans. In tort law, there are four key elements that need to be established to prove a claim. These elements include: 1) Duty of care: The defendant must owe a legal duty to the plaintiff, which requires them to act in a reasonable manner to avoid causing harm. 2) Breach of duty: The defendant must have breached their duty of care by failing to act reasonably or by acting negligently. 3) Causation: The plaintiff must establish a causal connection between the defendant's breach of duty and the harm suffered. 4) Damages: The plaintiff must have suffered actual damages, such as physical injuries, emotional distress, or financial losses, as a result of the defendant's actions.

Ans. Intentional torts and negligence are two different concepts in tort law: - Intentional torts: These occur when a person intentionally engages in conduct that causes harm or injury to another person. Examples of intentional torts include assault, battery, defamation, and false imprisonment. Intent is a crucial element in intentional torts. - Negligence: Negligence, on the other hand, refers to the failure to exercise reasonable care, resulting in harm to another person. Unlike intentional torts, negligence does not require intent. It focuses on whether the defendant acted reasonably or failed to meet the standard of care expected in a particular situation.

Ans. Yes, a person can be held liable for a tort even if they did not intend to cause harm. In tort law, the concept of negligence allows for liability to be imposed on individuals who fail to exercise reasonable care, regardless of their intentions. If a person's actions or omissions fall below the standard of care expected in a particular situation, and it results in harm to another person, they can be held liable for negligence. Intent is not a requirement for negligence claims.

Ans. There are several common defenses that can be raised in response to a tort claim. Some of these defenses include: 1) Contributory negligence: If the plaintiff's own negligence contributed to their injuries, the defendant may argue that the plaintiff should be held partially responsible for the harm suffered. 2) Comparative negligence: Similar to contributory negligence, this defense asserts that both the plaintiff and the defendant share some degree of fault. The damages awarded are then reduced based on the percentage of fault attributed to each party. 3) Assumption of risk: If the plaintiff knowingly and voluntarily assumed the risk of engaging in a certain activity, they may be barred from recovering damages for injuries that are inherent to that activity. 4) Statute of limitations: This defense argues that the plaintiff's claim is barred because the lawsuit was filed after the specified time limit set by law. It is important to note that the availability of these defenses may vary depending on the jurisdiction and the specific circumstances of the case.

Ans. Torts can be broadly categorized into three main types: 1) Intentional torts: These occur when a person intentionally engages in conduct that causes harm or injury to another person. Examples include assault, battery, false imprisonment, intentional infliction of emotional distress, and defamation. 2) Negligence torts: Negligence torts arise when a person fails to exercise reasonable care, resulting in harm to another person. Examples include car accidents, slip and fall cases, medical malpractice, and product liability. 3) Strict liability torts: In strict liability torts, the defendant can be held liable for harm caused to another person, regardless of whether they were negligent or acted intentionally. These torts usually arise in cases involving dangerous activities or defective products. Examples include liability for defective products, ultrahazardous activities, and keeping wild animals. Please note that the complexity of the questions and answers has been kept in line with the given article title and exam.