Law of Tort - Project and File

Tort is a branch of the civil law (as opposed to criminal law) based on
claim that the defendant has caused injury or loss to the claimant by
breaking a relevant obligation imposed by the general law.
Deals with claims by private persons against others (individuals,

organisations etc)
There is no single principle of tort law but a series of different torts

with different origins and purposes
They protect a number of different interests against different kinds of

interference (usually by compensation for the consequences – that is,
damages But sometimes by an order to stop – that is, an injunction).
The law of tort protects to different degrees and in different ways the
physical integrity of the person, property interests, reputation and
economic interests.
There must be a wrongful act or omission on the part of a person
Wrongful act or omission must result in legal damage to another
Wrongful act or omission must be of such a nature as to give rise to a

legal remedy.
1- Ubi Jus lbi Remedium- Where there is a right, there is a remedy.
2- Injuria Sine Damno- Injury Without Damage
3- Damnum Sine Injuria- Damage Without Injury

S NO. CRIME TORT
1 Crime is a wrong Tort is a wrong against

against an
the society individual
2 State initiates action Individual who is the
against the accused victim
initiates action
3 State Action is called Individual action is
prosecution called
Suit
4 The object of criminal The object is
justice is compensation
punishment of the to the victim
accused
5 Non compoundable Compoundable

Occupiers’ Liability Act 1957 and the Occupiers’ Liability Act 1984 –
Includes liability of non-occupiers and defences that arise under the
statutory and common law.
The law of nuisance, both public and private.
Land based tort, Trespass to land.

Contract law is based on an Tort law is the law of
enforceable written or verbal "personal wrongs" and is
agreement. different from contracts.
An example of a tort
The elements of a breach of
contract claim are offer, is negligence.
acceptance and consideration.
Consideration" is value given or Negligence is the failure of a

promised to support the person to use that degree of care
undertakings of each party to the that a hypothetical "reasonable
contract. person" would use under similar
circumstances
Liability more Liability less strict in tort
often strict in contract.
There must be a wrongful act committed by a person.
The wrongful act must give rise to a legal damage or actual damage.
The wrongful act must be of such nature as to give rise to a legal

remedy in the form of an action for damages
CIVIL LAW CRIMINAL LAW
Compensation Punishment
Day in Court Retribution

Civil standard of proof Criminal standard of
proof
Types of Tortious actions Other relevant legal principal
relevant for under tort law:
 Negligence Vicarious Liability
 Nuisance Absolute Liability
 Trespass Strict Liablity

Constituents Of Tort
It is obvious that every want or desire of a person cannot be protected

nor can a person claim that whenever he suffers loss he should be
compensated by the person who is the author of the loss.
The law, therefore, determines what interests need protection and it also
holds the balance when there is a conflict of protected interests.
1. There must be a wrongful act committed by a person

2. The wrongful act must be of such a nature as to give rise to
a legal remedy and
3. Such legal remedy must be in the form of an action for
unliquidated damages
A. Wrongful Act.
An act which prima facie looks innocent may becomes tortious, if

it invades the legal right of another person.
That is, it must prejudicially affect him in some legal right; merely that
it will however directly, do him harm in his interest is not enough
Liability for tort arises, therefore when the wrongful act complained of
amounts either to an infringement of a legal private right or a breach or
violation of a legal duty.
B. Damage.
In general, a tort consists of some act done by a person who

causes injury to another, for which damages are claimed by the latter
against the former.
The word damage is used in the ordinary sense of injury or loss or

deprivation of some kind, whereas damages mean the compensation
claimed by the injured party and awarded by the court.
Damages are claimed and awarded by the court to the parties.
The word injury is strictly limited to an actionable wrong, while damage

means loss or harm occurring in fact, whether actionable as an injury or
not.
(i) Damnum Sine Injuria (Damage Without Injury)
There are many acts which though harmful ,are not wrongful, and
give no right of action to them who suffer from their effect
Damage without breach of a legal right will not constitute a tort.
(ii) Injuria Sine Damnum (Injury Without Damage)

This means an infringement of a legal private right without any
actual loss or damage.
Conclusion
Although there are differences in opinion among the different jurists
regarding the liability in torts, the law has been developed and has made
firm roots in the legal showground.There are well defined elements and
conditions of liability in tort law.This law enables the citizens of a state
to claim for the minor or major damage caused to them. Thus the law
has gained much confidence among the laymen and therefore, we
cannot deny its necessity in INDIA.

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Law of Tort - Project and File

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Tort is a branch of the civil law (as opposed to criminal law) based on

Deals with claims by private persons against others (individuals,

There is no single principle of tort law but a series of different torts

They protect a number of different interests against different kinds of

Wrongful act or omission must result in legal damage to another

Wrongful act or omission must be of such a nature as to give rise to a

1- Ubi Jus lbi Remedium- Where there is a right, there is a remedy.

2- Injuria Sine Damno- Injury Without Damage

3- Damnum Sine Injuria- Damage Without Injury

1 Crime is a wrong Tort is a wrong against

5 Non compoundable Compoundable

The law of nuisance, both public and private.

Land based tort, Trespass to land.

Consideration" is value given or Negligence is the failure of a

The wrongful act must be of such nature as to give rise to a legal

Day in Court Retribution

 Negligence Vicarious Liability

 Nuisance Absolute Liability

 Trespass Strict Liablity

It is obvious that every want or desire of a person cannot be protected

1. There must be a wrongful act committed by a person

An act which prima facie looks innocent may becomes tortious, if

In general, a tort consists of some act done by a person who

The word damage is used in the ordinary sense of injury or loss or

Damages are claimed and awarded by the court to the parties.

The word injury is strictly limited to an actionable wrong, while damage

(ii) Injuria Sine Damnum (Injury Without Damage)

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