CONCEPT: LAW OF TORTS ?
Protects the variety of interest in the society from the violation of injuries Ex Delicto. (violation of duties imposed by the law)
How? It protects the interests by compensating the losses to the suffered.
Who develops it ? Originally- Judiciary. Legislature not wholly but elements of torts have been inculcated in our statutes eg :Fatal accidents Act.1895.
UBI JUS IBI REMEDIUM= Where there is a right , there is a remedy.
FUNCTIONS OF TORTS :
Monetary compensation to the loss suffered.
appeasement or vindication of rights,
‘to provide a public forum in which to discuss new forms of behaviour.
SALMOND, FRASER, LIMITATION ACT. (See it in our notes)
ARE ALL CIVIL INJURIES ARE TORTS ? Of course no. it is infringement of a private right. Eg: Breach of trust - yes for civil action but no for tort.
ESSENTIALS OF TORT:
Act OR Omission + causation + Fault + protected interest + damage = liability.
TORT V. CRIME =
Nature of the wrong : to individual V. against whole society
Forum of redressal : Civil V. Criminal Court.
Procedure : Personal initiation V. Sovereign (Union of India or States)
Result : Damages as compensation V. Punishment
TORT V. BREACH OF CONTRACT :
Violation of duty fixed by law V. Contract
No privity V. Privity Doctrine applies.
Right in rem V. in personam
INDISPENSABLE TWO MAXIMS :
ROOTS : Damnum = damage ; sine = no ; Injuria= Injury
Damnum Sine Injuria = Damage without injury
Case law : Gloucester Grammar School case.New School with Low tuition fee offering . Not Tort. But competition.
Injuria Sine Damno = Injury without Damage ; ASHBY V . WHITE : Returning officer denies right to vote. Althou' candidate you desired to vote for has won. R.O is liable for injury.
IS IT LAW OF TORT OR LAW OF TORTS ?
UNITY THEORY / LAW OF TORT = every wrongful act is actionable as tort. Winfield.
PIGEON WHOLE THEORY / LAW OF TORTS = Only few set of wrongs are actionable as tort. Salmond.
MALICE = mental state of a person.
MALICE IN LAW
MALICE IN FACT
TORT LAW & OTHER ALLIED CONCEPTS.
TORT LAW IN INDIA.