The document provides an overview of tort law, outlining the main categories of intentional torts, unintentional (negligence) torts, and strict liability torts. It discusses the key elements and examples of various torts such as battery, false imprisonment, defamation, trespass, and negligence. For intentional torts against persons, it describes torts like assault, battery, and intentional infliction of emotional distress. For intentional torts against property, it discusses trespass and conversion. It also examines negligence standards and defenses as well as special negligence doctrines. [/SUMMARY]

1. THE LAW OF TORTS
INTENTIONAL TORTS AND NEGLIGENCE

2. Torts is the French word
for a “Wrong”
Tort law Protects a
variety of Injuries and
Provides remedies for
them.
Under a tort law, an injured
party can bring a civil suit
to seek compensation for a
wrong done to the party or
the party’s property.

3. INTRODUCTION (Continue)
Torts damages are monetary damages that are
sought from the offending party.
They are intended to compensate the injured party
for the injury suffered.
Tort law imposes a duty on persons and business
agents not to intentionally or negligently injure
others in society.

4. INTENTIONAL TORTS
UNINTENTIONAL TORTS
(NEGLIGENCE)
STRICT LIABILITY TORTS

5. A Category of torts that requires
that the defendant possessed
the intent to do the act that
caused the plaintiff’s injuries.
There are two categories of intentional
torts:
• Intentional torts against persons.
• Intentional torts against property.

6. INTENTIONAL TORTS AGAINST PERSONS
The law protects a
person from
unauthorized touching,
restraint, or other
contact.
The law also protects a person’s
reputation and privacy.
Violations of these rights
are actionable as torts.

7. INTENTIONAL TORTS AGAINST PERSONS
The law protects a person
from unauthorized touching,
restraint, or other contact.
The law also protects a
person’s reputation and
privacy.
Violations of these rights are
actionable as torts.
TYPES OF
TORTS
AGAINST
PERSONS:-
ASSAULT.
BATTERY.
FALSE IMPRISONMENT.
DEFAMATION OF CHARACTER.
MISAPPROPRIATION OF THE RIGHT TO PUBLICITY.
INVASION OF THE RIGHT TO PRIVACY.
INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS.

8. INTENTIONAL TORTS AGAINST PERSONS (continue)
Assault
The threat of immediate harm or offensive contact; or
Any action that arouses reasonable apprehension of imminent harm.
Actual physical contact is unnecessary.
Assault is also define in “INDIAN PENAL CODE” Under Section 351.
Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation
such a meaning as may make those gestures or preparations amount to an assault.

9. INTENTIONAL TORTS AGAINST PERSONS (continue)
Battery
Unauthorized and harmful or offensive physical contact with another person.
Actual physical contact is necessary.
False Imprisonment
The intentional confinement or restraint of another person without authority or justification and without that person’s consent.
Merchant Protection Statutes
allow merchants to stop,
detain, and investigate
suspected shoplifters without
being held liable for false
imprisonment if:
There are reasonable
grounds for the
suspicion,
Suspects are
detained for only a
reasonable time, and
Investigations are
conducted in a
reasonable manner.

10. INTENTIONAL TORTS AGAINST PERSONS (continue)
Defamation of Character
False statement(s) made by one person about another. The plaintiff must prove that
 The defendant made an untrue statement of fact about the plaintiff; and
 The statement was intentionally or accidentally published to a third party.
SLANDER LIBEL
SLANDER
The action or crime of making a false spoken statement damaging to a person's reputation.
LIBEL
A false statement that appears in a letter, newspaper, magazine, book, photo, video, etc.
LANDMARK LAW
In New York Times v. Sullivan, the U.S. Supreme Court held that public officials cannot recover for
defamation unless they can prove that the defendant acted with actual malice.

11. INTENTIONAL TORTS AGAINST PERSONS (continue)
Misappropriation of the Right to Publicity
An attempt by another person to appropriate a living person’s name or identity for commercial purposes.
Also known as the tort of appropriation.
Invasion of the Right to Privacy
A tort that constitutes the violation of a person’s right to live his or her life without being subjected to unwanted
and undesired publicity.
Intentional Infliction of Emotional Distress
A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe
emotional distress to another person is liable for that emotional distress.
Also known as the tort of outrage.

12. INTENTIONAL TORTS AGAINST PROPERTY
There are two general categories of property :-
1. Real Property 2. Personal Property
Real Property
Consists of land and anything permanently attached to that land.
Personal Property
Consist of things that are movable.
1. Automobiles.
2. Books.
3. Clothes.
4. Pets.
Trespass to Land
A tort that interferes with an owner’s right to exclusive possession of land.
Trespass to land is a common law tort or crime that is committed when an individual or the object of an
individual intentionally (or, in Australia, negligently) enters the land of another without a lawful
excuse. Trespass to land is actionable per se.

13. INTENTIONAL TORTS AGAINST PROPERTY (continue)
Case
Homes V. Wilson
It was seen in the case of Homes V. Wilson that authorities had constructed a road/bridge and to support such infrastructure
had erected buttresses on the plaintiff’s land and had not removed them. The authorities were liable to pay full compensation
and had a further action in continuing trespass in which they were held liable. The act of continuing trespass remains until such
object or act is removed or stopped respectively.
Furthermore the owner of a land is entitled to the airspace above him but he is aerial trespass has a very important ingredient
which is that the object that enters his land aerially should be at such height that it violates his right to enjoy his property and
moreover violate his right of ordinary use of his land. Therefore it can be said that an airplane that is passing at a height over
the plaintiff’s land cannot for the act of trespass, because it does not violate the plaintiff’ ordinary use of his land.
The subject matter for an action is a notable point. Merely walking on a land possessed by the plaintiff forms a tort as it
involves encroaching upon the legal right to own property. The general principle of subject matter was prescribed in the many
cases. It was held that anything associated with the soil and which is capable of being possessed individually forms the subject
matter in the tort. Therefore if there is any damage incurred upon any object which is associated with the land of the plaintiff
an action in trespass may be instituted

14. INTENTIONAL TORTS AGAINST PROPERTY (continue)
There are many remedies to the tort of trespass
Damages – The claimant is entitled to full reparation for his loss incurred. Generally depreciation in the selling
value is an adequate measure for destruction or damage to the subject matter’s in course of the tort of
trespass. If there is an adverse effect onto business due to trespass the claimant is entitled to recover the
profits which were lost. This is called special damages.
Injunctions – These are present for in the case of trespasses to restrain the trespasser. As it was seen in the case
of Nelson V. Nicholson[16] where the Plaintiff had resolved a dispute over the boundary with the defendant. In
resolving this dispute, it became apparent that the defendant had planted a tree on the plaintiff’s land. The
plaintiff filed for a mandatory injunction against D to get the bush removed.
Trespass to Personal Property
A tort that occurs whenever one person injures another person’s personal property; or
Interferes with that person’s enjoyment of his or her personal property
Conversion of Personal Property
A tort that deprives a true owner of the use and enjoyment of his or her personal property by:
 Taking over such property; and
 Exercising ownership rights over it.

15. Unintentional Torts (Negligence)
Unintentional Tort
A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.
Negligence
The omission to do something which a reasonable person would do; or
Doing something which a prudent and reasonable man would not do.
To be successful in a negligence lawsuit, the plaintiff must prove that:
1. The defendant owed a duty of care to the plaintiff.
2. The defendant breached the duty of care.
3. The plaintiff suffered injury.
4. The defendant’s negligent act caused the plaintiff’s injury.
Duty of Care
The obligation we all each other not to cause any unreasonable harm or risk of harm.
• The courts apply a reasonable person standard.
• Defendants with a particular expertise or competence are measured against a reasonable professional
standard.
Breach of Duty
A failure to exercise care or to act as a reasonable person would act.

16. Unintentional Torts (Negligence) (continue)
Injury to Plaintiff
The plaintiff must suffer personal injury or damage to his or her property to recover monetary damages for the
defendant’s negligence.
• Effect on the plaintiff’s life or profession.
Causation
A person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff’s injuries.
 Causation in Fact (Actual Cause).
 Proximate Cause (Legal Cause).
Causation in Fact (Actual Case)
 The actual cause of negligence.
 A person who commits a negligent act is not liable unless causation in fact can be proven.
Proximate Cause (Legal Cause)
 Under the law, a negligent party is not necessarily liable for all damages set in motion by his
or her negligent act.
 The law establishes a point along the damage chain after which the negligent party is no
longer legally responsible for the consequences of his or her actions.

17. Unintentional Torts (Negligence) (continue)
LANDMARK LAW
The doctrine of proximate cause was defined in the Palsgraf v. Long Island Railroad Company case.
Negligent Infliction of Emotional Distress
A tort that permits a person to recover for emotional distress caused by the defendant’s negligent
conduct.
Professional Malpractice
The liability of a professional who breaches his or her duty of ordinary care.

18. Special Negligence Doctrines
Negligence
Per Se
Res Ipsa
Loquitur
Good
Samaritan
Laws
Dram Shop
Acts
Guest
Statutes
Fireman’s
Rule
“Danger Invites
Rescue”
Doctrine
Social Host
Liability
Liability of
Landowners
Liability of
Common
Carriers and
Innkeepers

20. Business Torts
1. Entering certain businesses and professions without a license.
2. Unfair competition.
 Predatory practices
 Palming off
3. Disparagement
 Product disparagement
 Trade libel
 Slander of title
4. False advertising
5. Intentional misrepresentation (fraud)
The elements required to find fraud
are:
 The wrongdoer made a false representation of material fact.
 The wrongdoer had knowledge that the representation was false and intended to deceive the
innocent party.
 The innocent party justifiably relied on the misrepresentation.
 The innocent party was injured.

21. Business Torts (CONTINUED)
Intentional interference with contractual relations.
Breach of the implied covenant of good faith and fair dealing.
 Punitive damages
 Fraud
 Intentional conduct
 Other egregious conduct
 Are not recoverable for breach of contract.
 Recoverable for certain tortious conduct

22. STRICT LIABILITY
Strict liability is liability without fault.
A participant in a covered activity will be held liable for any
injuries caused by the activity even if he or she was not negligent.
This doctrine holds that:
1. There are certain activities that can place the
public at risk of injury even if reasonable care is
taken; and
2. The public should have some means of
compensation if such injury occurs.

23. THE ENTIRE PRESENTATION PREPARED BY
PRASHANT KUMAR SINGH
It is an immense pleasure to be a part of this
integrated learning Summer Internship @ Legal
Desire. Thanks to the team of Legal Desire for
giving me this great opportunity.