1. LAW OF TORTSLAW OF TORTS
ByBy
Dr.P.R.L.RAJAVENKATESANDr.P.R.L.RAJAVENKATESAN
Assistant Professor(Senior)Assistant Professor(Senior)
VIT Law SchoolVIT Law School
ChennaiChennai
3. INTRODUCTIONINTRODUCTION
Salmond-Tort as a civil wrong for which the
remedy is a common law action for unliquidated
damages and which is not exclusively the breach
of a contract or the breach of trust or other mere
equitable obligation.
4. FUNCTIONS OF LAW OFFUNCTIONS OF LAW OF
TORTSTORTS
To afford compensation for injuries sustained
by one person as a result of the conduct of
another.
Remedy-Right in rem and right in personam.
5. FUNCTIONS OF LAW OFFUNCTIONS OF LAW OF
TORTSTORTS
1.1.Professor William L.Prosser-Theory of Social
Engineering-Compensation of Individual rather
than public.
2.Greatest happiness of the greatest number
6. Indian Law on TortsIndian Law on Torts
Indian law of tort based on English law of torts
which itself is based on the principles of the
common law of England.
The Indian Law of Torts is based English law
principles applied in India as rules of justice,
equity and good conscience.
7. Indian Law on TortsIndian Law on Torts
English law is mainly built up of case-law.
The Indian Law of Torts is based English law
principles applied in India as rules of justice,
equity and good conscience.
8. Indian Law on TortsIndian Law on Torts
Jay Laxmi Salt Works(P) Ltd. V. State of
Gujarat,(1994) 4 SCC 1.
Truly speaking the entire law of torts is founded
and structured on morality
M.C.Mehta v.Union of India AIR 1989 SC
1086.
Sources-We have to build our own
jurisprudence.
9. Public Law
Relationship between individuals and
government.
Compensation-Offences by Government
Officials.
Police Atrocities
Custodial Death
Medical Negligence
10. Civil Injuries and Torts
All civil injuries are not torts.
Public Nuisance-Government.
Private Nuisance-Private citizens are entitled to
bring action.
Wrongfully obstruct a public road-Government
Obstruction-Delay-Private Individuals
11. CONTRACTCONTRACT
Caparo Industries Plc v. Dickman (1990) 1 All
ER at p.575(HL)
Lord Bridge-Client –Professional Auditor-
Client may suffer by reason of any breach of
that duty.
12. CONTRACTCONTRACT
Sharad Vaidya (Dr) v. Paulo Joel Vales,AIR
1992 Bom 478.
Patient died due to negligence on the part of
doctor.
It is not a contractual service.
The liability was held to be a tortious liability.
13. CONTRACTCONTRACT
Pippin v. Sheppard, (1822), 11 Price 400.
A surgeon was called in by a husband to treat
his wife.
The court held that the husband could sue the
surgeon for breach of contractual duty while the
wife could maintain an action in tort.
15. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS
WRONGFUL ACTWRONGFUL ACT
CIVIL OR CRIMINALCIVIL OR CRIMINAL
BREACH OF CONTRACT OR TRUST-NOTBREACH OF CONTRACT OR TRUST-NOT
TORTSTORTS
16. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS
A-Driver-B-Owner of the CarA-Driver-B-Owner of the Car
C-VictimC-Victim
Starving ManStarving Man
Drowning ChildDrowning Child
17. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS
Municipal Corporation of Delhi v.Municipal Corporation of Delhi v.
Subhagwanti,AIR 1966 SC 1750Subhagwanti,AIR 1966 SC 1750
Municipal CorporationMunicipal Corporation
Control of Clock TowerControl of Clock Tower
Death of number of PersonsDeath of number of Persons
Liable for omission to take careLiable for omission to take care
18. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS
General Cleaning Contractors v.General Cleaning Contractors v.
Christmas,1953 A.C.180Christmas,1953 A.C.180
Failure to provide safe systemFailure to provide safe system
OmissionOmission
19. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS
LEGAL DAMAGE-LEGAL DAMAGE-
Ashby v. White (1703) 2 Ld.Raym.938.Ashby v. White (1703) 2 Ld.Raym.938.
A returning officer was held liable in damagesA returning officer was held liable in damages
for wrongfully refusing to take the plaintiff’sfor wrongfully refusing to take the plaintiff’s
vote at an election.vote at an election.
Ubi Jus ibi Remedium- “Where there is a rightUbi Jus ibi Remedium- “Where there is a right
there is a remedy”there is a remedy”
20. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS
LEGAL REMEDY-LEGAL REMEDY-
The principal remedy for tort is damages.
1.Nominal damages.Injury without loss
2.Ordinary damages-Monetary loss
3.Aggravated Damages-Court discretion-
offence Intentional
4.Exemplary Damages-several offences-
warning
21. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS
OTHER REMEDIESOTHER REMEDIES
1.Injunction1.Injunction
2.Specific Restitution of Property2.Specific Restitution of Property