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Law of tort

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The purpose of power point will be very useful to understand the basic information about law of torts.

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Law of tort

  1. 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
  2. 2. INTRODUCTIONINTRODUCTION 1.Civil Wrong. 2.Prof.P.H.Winfield- Tortious liability arises from the breach of a duty primarily fixed by law, such duty is towards persons generally and its breach is redressible by an action for unliquidated damages. 3.Contract.
  3. 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. 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. 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. 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. 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. 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. 9. Public Law  Relationship between individuals and government.  Compensation-Offences by Government Officials.  Police Atrocities  Custodial Death  Medical Negligence
  10. 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. 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. 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. 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.
  14. 14. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS  WRONGFUL ACTWRONGFUL ACT  LEGAL DAMAGELEGAL DAMAGE  LEGAL REMEDYLEGAL REMEDY
  15. 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. 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. 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. 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. 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. 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. 21. CONSTITUENTS OF TORTSCONSTITUENTS OF TORTS  OTHER REMEDIESOTHER REMEDIES  1.Injunction1.Injunction  2.Specific Restitution of Property2.Specific Restitution of Property

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