Overview of law of torts

Session - 1

Basis of Torts

› Justice

› Equity

› Good Conscience

Definition of Torts

› A Civil Wrong

› An Action for

› Unliquidated damages

› Person committing the tort is tort feasor

› It is a tortious act

› Main aim is to compensate the Victim

Tort – A Civil Wrong

› Tort is victim centric

› Commoditization of emotions

› prize tag on every aspect of individual life

› Has set of rules applied by courts

› Derived from common law

› Is a judge made law

› Creates civil liability

Is it Law of Tort or Law of Torts

› Salmond- Law of Torts

› Pigeon Hole theory

› But Glanwille Williams says new pigeon holes can be added

› Ubi Remedium Ibi Jus

› Winfield– Law of tort

› It is both specific and emerging

› Ubi Jus Ibi Remedium

Tort and other wrongs

Difference Between Crimes Contracts

Basic Features of Tort Law

› Allows your problem to become someone else’s problem

› Successful suit results in a judgement of liability

› Requires the defendant to compensate the plaintiff

› Compensatory damages shift’s all of the plaintiff’s legally cognizable costs to th defendant.

› Q whether tort really lives up to this principle in practice?

› Sometime only injunctions

NOT EVERY INJURY IS RECOGNIZED Example - Tennis Game I may well be injured, YET No Claim WHY???

Two General Classes of Duties In Tort Law *Duty Not To Injure- Full stop Extremely Hazardous Activity *Duty not to Injure Negligently Engaged in ordinary risk - driving

Legal Rights and Legal Duties Rights against the world at large Private Right and Public Rights Damage-- Harm Absolute- pre se Qualified– proof required Remedy

Three Main areas of Torts Intentional Torts– I dislike you so I hit you Negligence– Carelessly not deliberately Strict Liability—No Fault

Intentional Torts

* Battery *Assault *False Imprisonment *Trespass *Defamation

Trespass To Person- assault, battery To Land – Direct and Indirect Nuisance Occupiers Liability To Chattel- goods

Negligence Actual Damage required to be proved Donoghue v Stevenson Neighbor Principle * Closely and Directly-- proximity *I ought reasonably in my contemplation- Reasonable foreseeability Elements- Duty, Breach, Causation, Damages Caparo Test

Strict Liability Rylands v Fletcher * Accumulation * Mischief if it escapes * Escapes *Non-natural use of Land * Damage caused is not remote Defenses– Act of God, Inevitable Accident, Third party, Statutory Authority Ex- Tiger

Absolute Liability

MC Mehta v UOI {Oleum Gas Leak Case} *Hazardous *Inherently Dangerous activities *Enterprise is Absolutely Liable NO Defense Based on Deep Pockets

Other Torts

Vicarious Liability- Liability incurred for others State Liability- King can do no wrong- Sovereign Immunity Constitutional Torts- Torts concerned with violations of FRs

Vicarious Liability Liability for acts done by others Master liable for acts done by servant in the course of employment Qui facit per alium facit per se – he who acts through another is deemed in law as doing himself. Respondent Superior- one who is superior must be responsible Test of hire and fire

State Liability In UK Crown is Vicariously Liable In India- State may sue and may be sued Heads of State have immunity Sovereign Functions have immunity- administration of justice maintenance of law and order repression of crime

Constitutional Torts Monetary redressal against the state Aggrieved person can file writ petition No dist b/w Sov and Non- Sov Functions Award is provisional Doctrine of res ipso loquitur -- applicable State is responsible for tortious acts of its employees

Justification in Torts {Defenses} Acts of State Statutory Authority Inevitable Accident Act of God Necessity- Private and Public Mistake Private Defense Plaintiff the wrong doer Volenti non fit injuria

Emerging Torts

Session - II

New Torts

*Outrage – Intentional infliction of emotional distress

*Wrongful Birth Action

*Wrongful Life Action

Recovery for pure psychiatric illnesses Outrage Mental suffering Psychiatric injury nervous shock Victims – Primary and Secondary [control mechanisms]

Wrongful birth action Lawsuits by parents against docs. -- for deformity -- for failed sterilization procedure Ireland – no abortions

Wrongful life action Claim by or on behalf of the child born Child alleges – would have never been born Child v Parent/s Fetal rights v Mother rights

Thank You