Q3 & 4.Write a short note on : Pigeon Hole Theory M.U. May 2017 2.

2. Standard of Care: The standard of care is an essential component of the duty

owed in tort. It is the degree of care and caution that a reasonable person would
According to Salmond, “Tort is a civil wrong for which the remedy is a exercise in similar circumstances. When someone falls below this standard and
common-law action for unliquidated damages, and which is not exclusively the breaches their duty of care, they may be held liable for any resulting harm.
breach of contract, or, the breach of trust, or, other merely equitable obligation.”
3. Legal Recognition of Duties: Tort law recognizes various duties, such as the
duty not to cause physical harm, the duty not to damage property, the duty not
The following points are the key characteristics of the Pigeon Hole theory by to make false statements that harm another's reputation (defamation), and
Salmond: many others. These duties are established by statutes, common law, or a
combination of both.
According to Salmond if one person commits any wrong and that wrong can be
placed in a pigeon hole or he opined that there is no general principle and if the 4. Compensation for Harm: When a duty of care is breached, and harm results,
plaintiff can by any means put that wrong in the pigeon-hole which has all the the injured party may seek compensation through a civil lawsuit. Tortious liability
labelled torts, then the plaintiff could succeed. Therefore, that is why this theory focuses on compensating the victim for the losses suffered rather than punishing
is known as the Pigeon Hole Theory. the wrongdoer as in criminal law.

5. Foreseeability: Foreseeability is a crucial aspect in establishing tortious

According to him, whenever a legal right is violated, the examination has to be liability. The law expects individuals to foresee potential risks and take
under tort. reasonable precautions to prevent harm. If harm is foreseeable and a person
fails to exercise due care, they may be held liable for the consequences.
Torts, according to Salmond, mean a few categories of Torts that have already
evolved. 6. Negligence as a Common Basis: Negligence is a prevalent basis for tortious
liability. It involves the failure to exercise reasonable care, leading to harm. To
establish negligence, the plaintiff typically needs to prove the existence of a
In Salmond’s understanding, the burden of proof is upon the plaintiff to prove duty, a breach of that duty, causation, and actual harm.
which specific tort has been committed.
7. Strict Liability: In certain situations, tortious liability may also arise under the
If the plaintiff is not able to prove the specific tort that has been committed, the doctrine of strict liability, where liability is imposed without proof of negligence.
court cannot provide any remedy to the victim. This often applies in cases involving inherently dangerous activities or defective
products.
According to Salmond, the Law of Torts cannot be evolved as and when In summary, tortious liability is intricately tied to the breach of a duty primarily
required. fixed by law. The duty of care, legal recognition of specific duties, and the
standards established by law form the foundation of tort law, providing a
He calls it the “Law of Torts”, i.e., a law consisting of certain Torts only. framework for holding individuals accountable for the consequences of their
actions that cause harm to others.
Q5. "Tortious liability arises from the breach of duty primarily fixed by
law. Discuss. M.U. Nov. 2013 6. Write a short note on: Characteristics of a tort. M.U. Jan. 2018
Tortious liability, or civil liability for wrongful acts, indeed arises from the breach
of a duty primarily fixed by law. This foundational concept is rooted in the The following are five important characteristics of a tort:
principles of tort law, which seeks to compensate individuals for harm or loss
caused by the wrongful actions of others. Here's a discussion on this premise:
1. Civil wrong A tort is a civil wrong, as opposed to a crime on the one hand,
1. Duty of Care: In tort law, the concept of duty of care is fundamental. It refers and a breach of contract or a breach of trust, on the other. It may be noted that
to the legal obligation one person owes to another to exercise reasonable care breach of contract and breach of trust are civil wrongs, but they are not torts,
and avoid causing harm. This duty is not based on a contractual relationship but inasmuch as the remedies afforded for such breaches are governed by statutes,
is imposed by law to ensure that individuals act responsibly and consider the whereas the remedies for a tort owe their origin to common law.
potential risks their actions may pose to others.

2. Infringement of a right in rem

Rights in rem refer to rights that are typically enforceable against the world at A tort and a crime are both legal wrongs, but they differ in several key ways:
large, as opposed to rights in personam, which are enforceable only against
specific individuals. Infringement of a right in rem refers to the violation or
Tort:
encroachment upon a right that a person has in relation to a specific object or
property. In legal terms, a right in rem provides the holder with a claim or
entitlement over a particular asset, and any interference with that right may lead ● Civil Wrong: Involves a violation of a private right or duty owed to another
to legal consequences.
individual.
● Focus on Compensation: The primary aim is to provide the injured party
In the context of property law, an example of infringement of a right in rem
could be trespassing on someone's land, which violates their right to exclusive with monetary compensation for the harm they suffered.
possession of that property. Another example is the unauthorised use of ● Burden of Proof: Lower standard of proof ("preponderance of the
someone's patented invention, infringing on the patent holder's exclusive rights.
evidence") required to show the defendant was responsible for the harm.
● Initiated by Plaintiff: The injured party (plaintiff) brings the lawsuit directly
To address the infringement of a right in rem, legal remedies may be pursued,
including filing a lawsuit seeking damages or an injunction to stop the infringing against the person who caused the harm (defendant).
behaviour. The specific legal recourse will depend on the nature of the right in ● Examples: Negligence, trespass, defamation, product liability, medical
rem and the applicable laws in the jurisdiction.
malpractice.

Understanding the distinction between rights in rem and rights in personam is

crucial in legal systems, as it helps determine the appropriate legal actions and Crime:
remedies available to individuals whose rights are violated.
● Public Wrong: Violates a law established by the state and harms the public
3. Right is fixed by law Thirdly, the right which is infringed in the law of torts order.
must be a right which is fixed by law, independent of the consent of the parties.
● Focus on Punishment: The primary aim is to punish the offender and deter

4. Common Law action The remedy available in respect of the violation of such future criminal activity.
a right should be a Common Law action (that is, a suit filed under the English ● Burden of Proof: Higher standard of proof ("beyond a reasonable doubt")
Common Law). Of course, there is nothing like Common Law in India. In
required to convict the defendant.
England, there are numerous Common Law actions, of which actions for torts are
a part. Such actions would also bq actionable in India, that is, suits can be filed ● Initiated by State: The prosecution, representing the state, brings charges
for such wrongs in civil courts in India. against the defendant.
● Examples: Theft, assault, drug possession, murder, fraud.
5. Remedy Lastly, the remedy should be by way of damages, that is,
compensation in money. A suit for unliquidated damages is a good test of
tortious liability. However, it is not the only remedy, and a suit for injunction or a Here's a table summarising the key differences:
suit for specific restitution of land or chattels, and, at times, even self-help (as in
ejecting a trespasser) are other remedies available in the case of torts.
Feature Tort Crime
Q7. Define a "tort" and explain how It differs from crime. M.U. Apr. 2011

Nature of Civil Public

Torts vs. Crimes: Demystifying the Difference Wrong
 ○ Common law: Based on past court decisions and legal precedent
Aim Compensation Punishment & Deterrence
(e.g., duty of care in negligence)
●
Burden of Preponderance of the Beyond a reasonable doubt
● Examples: Negligence, trespass, defamation, assault, product liability,
Proof evidence
medical malpractice.

Initiated Plaintiff State

Contracts:
by

● Definition: Legally binding agreements between two or more parties that

Examples Negligence, trespass, Theft, assault, drug
defamation possession, murder, fraud create enforceable obligations.
● Focus: Holding parties accountable for fulfilling their promises or
commitments as outlined in the agreement.
Overlapping Cases:
● Basis: Mutual agreement between parties, forming a legally binding
relationship.
While distinct, some situations can involve both a tort and a crime. For example,
● Elements: Offer, acceptance, consideration, capacity, lawful purpose.
driving under the influence (DUI) could result in criminal charges for endangering
● Examples: Employment contracts, purchase agreements, leases, service
public safety and a civil lawsuit from the victim of a DUI accident.
contracts.

Q8. Define a "tort" and explain how it differs from its contract.
Key Differences:
Torts vs. Contracts: Understanding the Legal Divide

Feature Tort Contract

Both torts and contracts are legal concepts dealing with obligations and wrongs,
but they operate in separate spheres of law with distinct goals and approaches.
Here's a breakdown of their key differences: Nature of Independent of Breach of promise under
Wrong agreement agreement

Torts:
Aim Compensation for Fulfill promises
harm
● Definition: Civil wrongs that violate a duty owed to another individual or
society as a whole.
Basis Legal duty or Mutual agreement
● Focus: Redressing harm caused by wrongful acts, typically through
statute
monetary compensation.
● Basis: Legal duty independent of any agreement. This duty can be:
Initiated Injured party Either party
○ Statutory: Defined by legislation (e.g., trespassing law)
by (plaintiff)
 the law of torts also recognises other remedies like injunction and specific
Proof Preponderance of Breach of contract terms restitution of property. However, it is principally the right to damages that brings
evidence such wrongful acts within the category of torts.

3. Legal damage to the plaintiff

Remedies Damages, Damages, specific
Lastly, there must be legal damage to the plaintiff. Legal damage means an
injunctions performance, termination
invasion of a person’s legal right. Unless and until a person’s legal right is
violated, a tort does not arise. A person may be exercising his own right lawfully,
and in the course of doing so, he may cause pecuniary loss to some other
Overlapping Points: person. But if that loss is not a violation of a legal right, the act is not a tort.
[See the maxim, ‘Damnum sine injuria’, below.] As the Privy Council observed in
Rogers v. Rajendro Dutt (1860) 8 M. I. R. 103, “The foundation of every action in
While distinct, there can be some overlap. For example, a breach of contract tort is an act which is wrongful and which may be qualified legally as an injury.”
Thus the harm done to a person in a moral sense will not be enough, unless
might also constitute a tort if it causes harm exceeding the anticipated contractual such harm or damage is also recognised legally as affording grounds for relief.
damages. This can lead to legal claims in both contract and tort law.

Q9 / 10 . Explain in detail the general elements of a tort citing relevant Q11. What is legal damage? (2 marks) M.U. Nov. 2011 Nov. 2014
cases. M.U. Apr. 2013
Legal damage means an invasion of a person’s legal right. Unless and until a
THREE INGREDIENTS OF A TORT In order that a particular act may amount to a person’s legal right is violated, a tort does not arise. A person may be exercising
tort, three conditions must be satisfied. In other words, there are three main his own right lawfully, and in the course of doing so, he may cause pecuniary
ingredients which constitute a tort, which are as follows: loss to some other person.

1. A wrongful act by the defendant Q12 & 14 & 15 . Explain "Damnum sine Injuria" and "Injuria sine
damnum", citing relevant case law. M.U. Apr. 2014 Nov. 2014 Nov. 2015
First of all, a wrongful act should have been committed by the defendant. An act Apr. 2016 June 2018 May 2019
is wrongful if it invades any of the three private rights of a person, namely, the
right to (i) his reputation, (ii) his property and (iii) his right of bodily safety and Damnum Sine Injuria:
freedom. A wrongful act is an act contrary to the rule of right and justice. It may Damnum sine injuria refers to a situation where there is actual and substantial
be of two kinds: (i) a moral or natural wrong, that is, an act which is contrary to loss without the infringement of any legal right, and as a result, no legal action
the rules of natural justice; or (ii) a legal wrong, that is, an act which is contrary can be taken. Mere financial loss or loss of money's worth, by itself, does not
to the rules of legal justice and a violation of the law. A legal wrong is an act constitute legal damage.
which is authoritatively declared to be wrong by a rule of law, and is therefore
treated as a wrong for the purpose of the administration of justice by the State. An illustrative case is the Gloucester Grammar School Case (1410 Y. B. 11 Hen.
The essential of a legal wrong consists in its recognition as a wrong by the law. 4). In this case, a schoolmaster set up a rival school next to the plaintiff's
It is synonymous with injuria, that is, the violation of a legal right. A mere loss school, causing the students to flock to the new school. The court held that no
without the violation of a legal right does not give rise to a cause of action. A lawsuit could be filed because fair competition, even if it caused damage, was
wrongful act is actionable (that is, a suit can be filed for such an act) only if the not a ground for legal action. Damnum sine injuria emphasises that not all harm,
wrong complained of is a legal wrong and not otherwise. [See the maxim, even if substantial, gives rise to a legal remedy.
“Injuria sine damnum, discussed below.]
Injuria Sine Damnum:
2. Legal remedy - Injuria sine damnum, on the other hand, refers to a situation where there is an
infringement of a legal right without any actual loss or harm. In such cases, the
The second ingredient of a tort is that such a wrongful act should give rise to a person whose right has been violated is entitled to bring a legal action and may
legal remedy in the shape of a suit for damages. In other words, the act recover damages, even if they have suffered no harm.
complained of must fall under the category of civil wrongs, for which the law
allows a civil suit to recover damages. As stated above, a tort is a civil injury. A notable case illustrating this maxim is Ashby v. White (1703) 2 Ld. Raym. 938.
However, all civil injuries are not torts. The wrongful act must come under the In this case, the defendant, a returning officer at a voting booth, wrongfully and
category of wrongs for which the remedy is a civil action for damages. No doubt, maliciously refused to register a duly tendered vote of the plaintiff, who was a
qualified voter. The candidate for whom the vote was sought was elected, and no
actual loss occurred due to the rejection of the plaintiff's vote. Nevertheless, the This maxim is just the reverse of the maxim discussed above. This maxim refers
court allowed the suit, emphasising that the violation of the plaintiff's statutory to injury without damage. Whenever there is an invasion of a legal right, the
right was an injury for which he must have a remedy, and it was actionable
person in whom the right is vested is entitled to bring an action and may recover
without proof of actual damage.
damages, although he may have suffered no actual loss or harm.
In summary, Damnum sine injuria deals with cases where there is significant
loss without a breach of legal rights, and Injuria sine damnum deals with Where a tort is actionable, although it has not been the cause of any actual
situations where there is an infringement of legal rights without actual loss or damage, it is a case of injuria sine damnum (that is, infringement of a legal right
harm. The Gloucester Grammar School Case and Ashby v. White are legal without damage). Actual perceptible damage need not be proved; it is sufficient
examples illustrating these concepts. to show the violation of a legal right, in which case, the law will presume
damage. Thus, in cases of assault, battery, false imprisonment and trespass on
Q13. Write a short note on : Damnum sine Injuria. land, the mere wrongful act is actionable without proof of any actual damage.
Every invasion of private property, be it howsoever minute, is a trespass, though
there may be no actual damage.
Damnum sine injuria In case of damnum sine injuria, that is, actual and
substantial loss without infringement of any legal right, no action lies, that is, no ASHBY v. WHITE, (1703) 2 Ld. Raym. 938 (Refusal to register vote) In
suit can be filed. Mere loss of money or money's worth does not, of itself, this case, which is the leading English case illustrating the maxim, the
constitute legal damage. The most terrible harm may be inflicted by one man on defendant, a returning officer at a voting booth, wrongfully and maliciously
another without legal redress being obtainable. There are many acts which, refused to register a duly tendered vote of the plaintiff who was a qualified voter.
though harmful, are not wrongful and give no right of action. Damnum may be The candidate for whom the vote sought to be tendered was, however, elected,
absque (that is, without) injury. Thus, if X has a flour mill, and his neighbour and no actual loss was suffered by the rejection of the plaintiffs vote. The Court
sets up another mill adjacent to that of X, and thereby the profits of X's mill fall, held that nevertheless the suit would succeed. The suit was allowed on the
X cannot bring an action against the neighbour, and yet X has suffered ground that the violation of the plaintiff's statutory right was an injury for which
substantial financial loss (damnum). But if the other mill-owner stops the water he must have a remedy and was actionable without proof of actual damage.
from running to X's mill or causes any other nuisance (injuria), X will have a
legal remedy against the other person. In Ashby v. White (above), the returning officer had acted with malice.
Where, however, the returning officer had acted without any malice or improper
Principle of the maxim motives and had honestly refused to accept the vote of a genuine voter, it was
held that he could not be sued in tort. (Tozer v. Child, 1857, 7 El & B 377)

The cases which illustrate the maxim, damnum sine injuria, are many in number,
The ruling in ASHBY v. WHITE, has been followed in India in THE
but the underlying principle is that the exercise of one's common or ordinary
MUNICIPAL BOARD OF AGRA v. ASHARFI LAL (1921) 44 All. 202). In that
rights within reasonable limits does not give rise to an action in tort, merely
case, it was held that if a voter's name is wrongly omitted from the electoral
because it causes some loss or damage to another. The principle underlying the
roll, he suffers a legal wrong for which he can file a suit. oe
rule is simple, namely, that it would be impossible to carry on the common
affairs of life without doing various things which are more or less likely to cause
Courts in India have taken the view that, in such cases, express malice
loss or inconvenience to others. In every civilised society, the exercise, however
need not be proved. If it is shown that the refusal to register a vote is not in
legitimate, by each member of his particular rights, or the discharge, however
good faith, the returning officer would be liable in tort. (Draviam Pillai v. Cruz
legitimate, by each member of his particular duties, can hardly take place
Fernandes, AIR 1916 Mad. 569)
without occasionally causing a conflict of interest which will be detrimental to
some others.
Q17.Write a short note on : Ubi Jus ibi remedium. M.U. Jan. 2011

Q16. Write a short note on : injuria sine damnum. M.U. Apr. 2011 7"Ubi Jus Ibi Remedium" is a Latin legal maxim that translates to "Where there
is a right, there is a remedy." This principle is fundamental to the concept of
Injuria sine damnum justice and the legal system. It emphasises that if a person possesses a legal
right that has been violated, there must be a corresponding legal remedy
available to address the wrongdoing. The essential elements in establishing tort liability are often related to the
concept of negligence, and they typically include:
The maxim underscores the idea that the law is not merely a collection of
abstract rights but is, in fact, a system that provides mechanisms for enforcing 1. Duty of Care:Whether the defendant owed a duty of care to the plaintiff.
and protecting those rights. In other words, the legal system should offer a
means for individuals to seek redress when their rights are infringed upon. 2. Breach of Duty:Whether the defendant breached that duty of care.

This principle is crucial in maintaining the balance of justice within a legal 3. Causation:Whether the defendant's actions were the proximate cause of the
framework. It ensures that individuals have access to a fair and effective legal harm suffered by the plaintiff.
process to seek remedies, whether through compensation, injunctive relief, or
other appropriate means. The concept also aligns with the broader notion of the 4. Damages:Whether the plaintiff suffered actual harm or loss.
rule of law, emphasising that legal rights are not illusory but are accompanied by
practical and accessible remedies. Motive is generally not a necessary element to establish liability in torts because
torts are concerned with compensating the injured party rather than punishing
Q18. What is express malice? (2 marks) M.U. Jan. 2018 the wrongdoer. It's the defendant's actions and their consequences that are
central to a tort claim. This is in contrast to criminal law, where proving intent or
Express malice is a legal term that refers to a deliberate and intentional wrongful motive may be critical in establishing guilt and determining the appropriate
act committed with the intent to cause harm. In the context of tort law, express punishment.
malice may be relevant in cases where the defendant's actions were driven by a
specific intent to injure the plaintiff. In some specific torts, such as intentional torts (e.g., battery, trespass), the
defendant's state of mind may be relevant to establish liability. For example, in a
A notable case that involves the concept of express malice is: defamation case, the plaintiff may need to prove that the defendant made false
statements with knowledge of their falsity or with reckless disregard for the
Case: Allen v. Flood (1898) AC 1 (House of Lords) truth.

In Allen v. Flood, the plaintiffs were trade union members who were on strike. In summary, while motive can be relevant in certain types of torts, it is generally
The defendants, who were not part of the union, were hired as strikebreakers. not a necessary element to establish liability. Tort law is more concerned with
The plaintiffs alleged that the defendants intentionally interfered with their the negligent or intentional actions of the defendant and the resulting harm to
employment relationships, causing economic harm. The House of Lords held the plaintiff rather than delving into the subjective motivations behind those
that, for the tort of inducing a breach of contract, there must be proof of malice. actions.

In this case, "malice" did not mean personal spite or ill-will. Instead, it was Q20 & 22. What is meant by malfeasance and misfeasance? (2 marks) M.U.
interpreted as a wrongful act done intentionally without justification. The court Apr. 2013 Nov. 2015 May 2017 June 2018 May 2019
clarified that the term "malice" in this context referred to the intentional
commission of a wrongful act, irrespective of whether it was accompanied by Malfeasance:
personal spite or ill-will.
Malfeasance refers to the intentional commission of an unlawful or wrongful act,
Express malice, in this case, meant a deliberate and intentional interference with particularly by a public official or someone in a position of trust or authority. It
contractual relations with the aim of causing harm, providing insight into the involves the deliberate performance of a prohibited or wrongful action, often with
concept within the legal framework. the intent to cause harm or gain an unfair advantage. Malfeasance is
characterised by the conscious violation of established laws, regulations, or
ethical standards. It is considered a form of misconduct and can result in legal
Q19. What is the motive? Is it necessary to determine liability in torts? consequences.
M.U. Apr. 2013
Misfeasance:
In the context of tort law, the motive generally refers to the state of mind or
intention behind a person's actions that result in harm to another. Unlike in Misfeasance, on the other hand, refers to the improper performance of a lawful
criminal law, where the accused's motive can be a crucial element in determining and properly authorised act. Unlike malfeasance, misfeasance involves actions
guilt, motive plays a limited role in tort liability. In tort law, the focus is primarily that are legal in nature but are carried out incorrectly, negligently, or improperly.
on the actions themselves and their consequences rather than the underlying It is not about doing something inherently wrong or prohibited but rather about
motives of the wrongdoer. doing something lawful in a wrongful or negligent manner. Misfeasance may still
lead to negative consequences or harm, but it is distinct from intentional do not have an individual right to sue on behalf of the corporation (derivative
wrongdoing. suits) without meeting certain legal requirements.

In summary, malfeasance involves the intentional commission of an unlawful act, 6. A Child in the Womb:- : This refers to the legal status of a foetus. In many
while misfeasance involves the improper performance of a legal act. jurisdictions, a child in the womb does not have legal personality or capacity, and
their ability to sue or be sued is often limited.
Q21. What Is Nonfeasance?(2 marks) M.U. Nov. 2014
7. A Foreign State:- : Foreign states are often granted sovereign immunity,
Nonfeasance is the failure or omission to perform an obligatory act. which may limit their ability to be sued in the courts of another country. There
Nonfeasance of a gratuitous undertaking does not impose any liability. But are exceptions, and immunity may be waived in certain circumstances.
where there is an obligatory duty and the failure or omission to do such
duty causes injury to a person, it gives rise to a cause of action in favour
of the individual towards whom the duty exists. In this respect,
B. WHO CANNOT BE SUED The following nine classes of persons cannot be sued
misfeasance and nonfeasance give rise to a cause of action to the same in tort, subject to certain exceptions discussed below:
extent.
1. The Crown (or Government)
Q23. Who are persons who can and cannot be sued in torts? M.U. Jan.2017 2. Foreign sovereigns
3. Ambassadors
These seven classes of persons cannot sue or can sue only subject to certain s 4. Public officials
discussed below: 5. Infants (Minors)
6. Lunatics and drunkards
1. An alien enemy 7. Corporations
2. Felons or convicts 8. Trade Unions
3. Bankrupts 9. Married women
4. Husband and Wife
5. Corporations
6. A child in the womb The list you've provided outlines classes of persons who, in general, may have
7. A foreign State. certain immunities or s in being sued in tort. Here's a brief overview of each:

The list you've provided refers to certain classes of persons who may face 1. The Crown (or Government):
restrictions or s in bringing lawsuits. Here's an overview of each: - : The Crown or government often enjoys sovereign immunity, meaning it
cannot be sued without its consent. However, governments may waive immunity
1. Alien Enemy:- : Generally, alien enemies may face restrictions in bringing in specific cases or may be subject to certain statutory exceptions.
lawsuits, especially during times of war or conflict. The legal rights and standing
of alien enemies can be affected, and they may not have the same access to the 2. Foreign Sovereigns:
legal system as others. - : Similar to the Crown, foreign sovereigns are often immune from being sued
in the courts of another country. However, exceptions may exist, especially in
2. Felons or Convicts:- : In some jurisdictions, individuals convicted of felonies cases where the foreign sovereign has waived immunity or for certain types of
may face s in their ability to sue. This may be a consequence of their criminal actions.
status, particularly if the lawsuit is related to their criminal activities.
3. Ambassadors:
3. Bankrupts:- : Bankrupt individuals may have restrictions on their ability to - : Ambassadors and other diplomats generally have diplomatic immunity,
sue, especially if the cause of action arose before their bankruptcy. The protecting them from being sued in the host country's courts. This immunity is
bankruptcy court may have jurisdiction over the individual's assets and claims. crucial for maintaining diplomatic relations.

4. Husband and Wife:- : There are legal doctrines, such as spousal immunity, 4. Public Officials:
that may restrict one spouse from suing the other in certain situations. However, - : Public officials, while performing their official duties, may enjoy immunity
laws vary, and in some cases, spouses can bring legal actions against each other. from certain lawsuits. This immunity is often granted to ensure that officials can
carry out their functions without fear of constant legal action.
5. Corporations:- : Corporations may sue and be sued, but there are specific
rules and procedures governing corporate legal actions. Shareholders typically 5. Infants (Minors):
 - : Minors (individuals under the age of majority) may have limited capacity to Q26. What does "Salus Populi suprema suprema lex" mean? (2 marks)
be sued. However, exceptions exist, and lawsuits involving minors are often M.U. May 2012
subject to special rules and procedures.
"Salus populi suprema lex" is a Latin legal maxim that translates to "The welfare
6. Lunatics and Drunkards: of the people is the supreme law" in English. This principle reflects the idea that
- : Individuals who are deemed lunatics (mentally ill) or drunkards may be the well-being, safety, and interests of the public or the community take
considered incapacitated, affecting their capacity to be sued. Legal guardians precedence over individual or private interests. The maxim emphasises the
may be appointed to represent their interests. importance of public welfare as the highest and overriding consideration in legal

7. Corporations: Prince v. Massachusetts (1905): The U.S. Supreme Court upheld compulsory
- : While corporations can generally be sued, there are specific rules and vaccination laws, citing the state's "police power" to protect public health under
procedures governing corporate liability. Shareholders are typically not the principle of "Salus populi." governmental matters.
individually liable for the corporation's actions.

8. Trade Unions:
- : Trade unions, like corporations, can be sued, but there are specific rules
governing their liability. Legal actions against trade unions often involve issues Q27. Write a short note on : Volenti non fit iInjuria? M.U. Apr. 2016 Jan.
related to collective bargaining and labor law. 2017

9. Married Women: "Volenti non fit injuria" is a Latin legal maxim that translates to "to a willing
- : Historically, married women had limited legal capacity, and their legal rights person, injury is not done." This principle is often invoked as a defence in tort
and liabilities were often intertwined with those of their husbands. However, law, particularly in cases where someone willingly exposes themselves to a
modern legal systems have largely eliminated these s, and married women can known risk or danger. The concept implies that if an individual voluntarily
generally be sued independently. consents to a certain activity or assumes a known risk, they cannot later claim
that they suffered an injury due to that activity.
It's important to note that the specifics of these s and immunities can vary
based on jurisdiction and the legal context. Additionally, exceptions and In legal terms, the defence of "volenti non fit injuria" asserts that if a person is
modifications to these general rules may exist. Consulting relevant legal sources fully aware of the risks associated with an action or situation and willingly
and professionals is advisable for up-to-date and jurisdiction-specific accepts those risks, they cannot hold another party liable for any resulting harm.
information. The rationale behind this defence is rooted in the idea that individuals have the
autonomy to make informed choices about their own actions and assume
Q24 / 25 . What Are The General defences Available in an Action for responsibility for the consequences.
tort? M.U. Nov. 2012 Apr. 2014 Apr. 2015 June 2018 Feb. 2019
This principle is commonly applied in scenarios such as sports events,
The following are fifteen general justifications (or defences) in an action in tort: recreational activities, or contractual agreements where the parties involved
willingly accept certain inherent risks. It serves to uphold personal responsibility
1. Act of State and discourage individuals from seeking legal remedies for injuries that arise
2. Judicial acts from their voluntary and informed choices.
3. Quasi-judicial acts
4. Executive acts Q28. What is an inevitable accident? (2marks) M.U. Apr. 2013
5. Acts done under parental or quasi-parental authority
6. Authorities of necessity An inevitable accident is that which could not possibly have been prevented by
7. Necessity the exercise of ordinary care, caution and skill. It means an accident which is
8. Acts done under statutory authority (Acts authorised by statute) physically unavoidable. In other words, it is an accident which is not capable of
9. Leave and licence: Volenti non fit injuria being prevented by ordinary skill and diligence.
10. Inevitable accident (Act of God)
11. Mistake of fact
12. Exercise of common rights Q29. Write a short note on : Act of God. M.U. Apr. 2014 Nov. 2015 May
13. Private defence 2019
14. Plaintiff a wrong-doer
15. Acts causing slight harm The concept of "Act of God" in tort law refers to an unforeseen and
uncontrollable event that occurs without human intervention, preventing the
fulfilment of a legal obligation and often resulting in harm or damage. Also Inevitable Accident:
known as a "force majeure" event, an Act of God is considered a defence against
liability in certain situations. In legal terms, "inevitable accident" refers to an unforeseen and unavoidable
event that occurs without negligence or fault on the part of any party involved.
Typically, an Act of God involves natural disasters or extraordinary events such In the context of tort law, it is a defense that may be raised to counter a claim of
as earthquakes, floods, hurricanes, lightning, or other catastrophic occurrences. negligence. Essentially, it suggests that even with the exercise of reasonable
These events are beyond human control and can cause harm or damage that care, the accident would have happened due to circumstances beyond anyone's
may not be reasonably anticipated or prevented. control.

In tort law, the defence of the Act of God is relevant in cases where a party is Case Law Example:
being held responsible for the consequences of an event that was beyond their
control. If the harm suffered by another party is a direct result of an Act of God, One notable case illustrating the concept of inevitable accident is:
the party causing the harm may be relieved of liability, as they cannot be held
accountable for events beyond their reasonable anticipation or control. Case: Davies v. Mann (1842) 152 Eng. Rep. 588 (Q.B.)

While the Act of God defence can absolve a party from liability in certain In Davies v. Mann, the defendant left his donkey unattended on a highway. The
situations, it does not apply universally, and its effectiveness depends on the plaintiff's carriage collided with the donkey, resulting in damage. The court held
legal jurisdiction and the particulars of the case at hand. Courts carefully that if the plaintiff could not have avoided the collision, even with proper care,
evaluate the facts and circumstances surrounding the event to determine then the accident could be deemed inevitable, and the defendant might not be
whether the party should be held responsible for the resulting harm or if the held liable. However, if the plaintiff could have avoided the collision with
event qualifies as a true Act of God. reasonable care, the defendant would be considered negligent for leaving the
donkey unattended.

This case emphasizes the principle that an accident may be considered inevitable
Q30. Define & short note "vis major".(2 marks) M.U. Apr. 2011 Nov. if it occurred despite all reasonable precautions. It also underscores the
2015 May 2017 Feb. 2019 importance of foreseeability and the duty to exercise reasonable care in
determining liability in negligence cases.
"Vis major" is a Latin term that translates to "greater force" or "act of God." It is
a legal concept used in various jurisdictions to describe an extraordinary and In summary, the concept of inevitable accident recognizes that certain events
irresistible force that cannot be reasonably anticipated or controlled by human may occur despite the exercise of due care and that liability for negligence
efforts. Similar to the concept of "force majeure," vis major refers to hinges on whether the accident could have been reasonably foreseen and
unforeseeable events or circumstances that are beyond the control of parties prevented.
involved in a legal contract or situation.
Q32. Write a short note on : Plaintiff as a wrong-doer. M.U. Apr, 2011
In legal terms, vis major is often invoked as a defence to excuse
non-performance or a breach of contractual obligations when the failure is a The concept of "plaintiff as a wrong-doer" refers to a situation in which the
direct result of an overwhelming and uncontrollable force. This may include person bringing a legal action, known as the plaintiff, is deemed to have engaged
natural disasters such as earthquakes, floods, hurricanes, or other catastrophic in wrongful or negligent conduct that contributed to the harm or injury they are
events. The key characteristic is that these events are so extraordinary and seeking compensation for.
unexpected that they render performance impossible, despite the parties' best
efforts. This concept is particularly relevant in the context of contributory negligence or
comparative negligence doctrines within tort law.

However, the effectiveness of vis major as a defence can be subject to scrutiny, Contributory negligence is a legal doctrine that, in some jurisdictions, bars a
as courts typically assess whether the event genuinely qualifies as an irresistible plaintiff from recovering any damages if they are found to have contributed,
force and whether the party seeking relief took reasonable steps to prevent or even minimally, to their own injury. In jurisdictions that follow the comparative
mitigate its impact. In essence, vis major serves as a legal acknowledgment that negligence approach, the plaintiff's recovery is reduced in proportion to their
certain events are so powerful and unpredictable that they exempt parties from degree of fault.
fulfilling their contractual or legal obligations.
When the plaintiff is characterised as a wrong-doer, the defendant argues that
Q31. Write a short note on : Inevitable accident. M.U. Nov. 2013 the plaintiff's own actions or negligence played a role in causing the harm they
suffered. This argument aims to diminish or eliminate the defendant's liability by It means the person who commits the act of tort against any other person i.e.
asserting that the plaintiff should share responsibility for the consequences. the defendant dies, the tort gets discharged.

Courts assess the evidence and arguments presented by both parties to

determine whether the plaintiff's actions indeed contributed to the harm. If the By Waiver
court finds that the plaintiff's conduct was a factor in the injury, it may impact
the amount of damages awarded or, in some cases, result in a complete denial of The second method of discharge of tort is by the waiver. The concept of waiver is
compensation. when a person has more that one remedy available to him, as a result, he has to
elect one of them. He cannot apply for both the remedy except in the case of
It's essential to recognize that the application of the "plaintiff as a wrong-doer" defamation and assault.
concept depends on the specific legal doctrines and principles followed in a
particular jurisdiction. Legal systems vary, and the treatment of contributory or
comparative negligence can significantly influence the outcome of a tort case. Accord and Satisfaction

Q33 & 34. Write a short note Various modes of extinguishment of

Concept of accord means when the parties of the tort i.e. the person who
tortious liability M.U. Nov. 2022
commits the tort and the person against whom the tort has been committed,
come to an agreement and settle the dispute. Such an agreement is known as
Q34. Discharge of Tort Accord. In general terms, it means settling the issue by accepting some
consideration in lieu of the right of action.
There are seven different modes through which tort is discharged and no remedy
will lie for tort. It is a process through which the tort comes to an end. A
Satisfaction means the actual payment of consideration agreed by both, the
wrongdoer is not liable for his actions.
person who commits a tort and the one against whom the tort committed.

Following are the methods of discharge of torts.

When both the accord and satisfaction once completed, it results in the
discharge of tort and the dispute does not proceed in a court of law.
Death of the parties
Release
Here the maxim ‘actio personalis moritur cum persona’ applies which means
if the person dies his personal right of action dies with him.
A Release means giving up the right to the action. It means when a person by
his own choice discharges the tort. This right is only provided to the person
Actio personalis moritur cum persona this is the important maxim, it means against whom the wrong has been done.
if the person who commits a tort or the person against whom the tort is
committed dies, the personal right or the right to receive the damages or the
right of action dies with the person. Judgement

There are two situations where this maxim applies In this method, the discharge of tort happens by the judgement given by the
court. If once the court gives judgement on the matter, the tort gets discharged,
no appeal for the same act of tort can be claimed for the same remedy in the
● Death of the person against whom tort was committed i.e., Petitioner. court of law.

when the person against whom the tort was committed i.e. the plaintiff who The concept of this method of discharge of tort is based on the legal maxim of
approached the court and filed a case died, so his personal right of action dies Res-Judicata, it means, if any cause of action decided previously by the court,
with him only. the same cause of action should not be entertained by the court twice.

● Death of the person who commits tort i.e. Defendant Acquiescence

In this method, the tort gets discharged because of the incapacity of the plaintiff remedy. The process of waiver is, however, not applicable to certain torts like
himself i.e. if he has no time to go to court, no money to pay the court fees, or defamation and assault.
any other incapacity. When any person is entitled to enforce his right, and he
doesn’t enforce his right for a long time, this makes the other party waived from Q38 & 39 .Write a short note on : Accord and satisfaction. M.U. Apr.
his liability. 2013

Bar of Accord and Satisfaction

Under this method the tort gets dismissed due to the i.e. when the prescribed Concept of accord means when the parties of the tort i.e. the person
time limit to file the case gets over, in this situation the tort gets dismissed and who commits the tort and the person against whom the tort has been
no person is entitled to enforce his right. committed, come to an agreement and settle the dispute. Such an
agreement is known as Accord. In general terms, it means settling the
Q35 / 36. Write a short on Actio per sonalis moriurtcum persona. M.U. issue by accepting some consideration in lieu of the right of action.
Nov. 2011 Jan. 2017
Satisfaction means the actual payment of consideration agreed by both, the
Actio Personalis Moritur Cum Persona: person who commits a tort and the one against whom the tort committed.

This Latin phrase translates to "a personal action dies with the person." This
legal principle means that certain personal causes of action, such as those When both the accord and satisfaction once completed, it results in the
related to personal injuries or defamation, do not survive the death of the discharge of tort and the dispute does not proceed in a court of law.
injured party. In other words, if someone has a personal claim, and they pass
away, that particular claim typically does not continue through their estate. Illustration

Case Law Example: Baker v. Bolton (1808) 1 Camp 493: In this case, the
plaintiff's husband died in a carriage accident, and she brought a claim for If A dies due to injury caused by B’s car. If A’s family comes to an agreement
damages. The court held that the personal action for damages did not survive that B will pay Rs. 1,50,000 as compensation to them, that’s the situation of
the death of the plaintiff's husband. Accord. When they received the actual payment of 1,50,000 Rs. from B, that’s
the situation of Satisfaction. So, by settling the issue and accepting some
Q37 What Is meant by waiver? (2 marks) M.U. Apr. 2013 Feb.2019 May 2019 consideration A’s family lost their right of action and the act of tort discharge.

In waiver, it is not that a person waives or gives up his legal right altogether. The only condition in the concept of Accord and Satisfaction is the consent of the
Rather, the doctrine of waiver applies in cases where a man has more than one party should be free and not from fraud, coercion or undue influence.
remedy for the same wrong and elects to pursue one of them, abandoning the
others. In such cases, he must stand or fall by his election. The other remedies
are said to have been waived by him. In short, a waiver is simply an election Q 40 & 41 . Write a short note by Liability by ratification. M.U. Apr. 2014
between remedies. For instance, if the injured person had remedies in both tort
and breach of contract, and he elects to sue under the law of contracts, the Liability by Ratification:
cause of action in tort is waived and he cannot revert to it later.
Liability by ratification is a legal concept that arises when a person (the
Instances of torts which can be waived are conversion, trespass to land or principal) adopts, affirms, or accepts an action that was initially unauthorised but
goods, deceit and extorting money by threats. In these cases, the injured party was performed on their behalf by another party (the agent). In essence, the
may waive his remedy in tort in favour of some other remedy, and if he does so, principal retroactively approves the actions of the agent, assuming responsibility
this extinguishes his right of action in tort. Waiver may be expressed or implied. and becoming legally bound by those actions.
It is expressed when a person, in terms, gives up the alternate remedy, and in
this, it closely resembles a release. Waiver is implied when the person does or Example:
acquiesces in anything which is inconsistent with the alternate remedy to which
such a person is entitled. The principle underlying the doctrine of waiver is Suppose an employee, without proper authorization, enters into a contract on
twofold. The first is to avoid multiplicity of proceedings, and the second is that if behalf of their employer. Upon discovering the unauthorised contract, the
a person reasonably gives the impression that he has waived a particular employer reviews the terms and decides to accept and honour it. The
remedy, it would not be equitable to allow him to go back to that alternate employer'sact of retroactively approving the contract constitutes ratification. As
a result, the employer becomes liable for the obligations arising from that employment or agency. In the employment context, the contract of service
contract. establishes the relationship between the employer (master) and the employee
(servant), influencing the application of vicarious liability. Here are key points to
consider:
Q42. Who is a master? Who is a servant? When is the master held responsible
for the torts committed by his servant? M.U. Apr. 2011 1.Employer-Employee Relationship:
- A contract of service establishes the legal relationship between the employer
In the context of tort law, a "master" refers to an employer or someone who has and the employee. The terms of this contract typically outline the duties,
control and authority over another individual, known as the "servant" or responsibilities, and conditions of employment.
"employee." The master-servant relationship is a crucial concept in determining
liability for tortious acts committed by the servant in the course of employment. 2.Scope of Employment:
- Vicarious liability applies when the tortious act is committed by the employee
Master:- A master is an individual or entity that employs and exercises control within the scope of their employment. Acts performed in the course of
over another person (the servant) in the context of an employment relationship. employment, even if they are wrongful or negligent, may trigger vicarious
- The master has the authority to direct and control the servant's actions while liability.
the servant is performing job-related duties.
3.Authorization by the Employer:
Servant (Employee):- A servant is an individual who works for another under - The employer is vicariously liable for the employee's actions if those actions
an employment relationship, subject to the control and direction of the master. are expressly or impliedly authorised by the employer. This authorization is often
- The servant is obligated to follow the master's instructions and act within the inferred when the employee is acting within the scope of their employment.
scope of their employment.
4.Non-Delegable Duties:
Master's Liability for Torts Committed by the Servant: - Some duties are considered non-delegable, meaning the employer cannot
The legal principle of vicarious liability holds that, in certain circumstances, the escape liability by delegating them to the employee. For instance, the duty to
master may be held responsible for the tortious acts committed by the servant provide a safe working environment may be non-delegable.
during the course of employment. The key elements that typically establish
liability are: 5.Employee's Intention:
- Vicarious liability generally applies regardless of the employee's intention.
1.Scope of Employment:- The wrongful act must occur within the scope of the Even if the employee's actions are intentional or wrongful, the employer may still
servant's employment. If the act is committed while the servant is carrying out be held liable if those actions are closely connected to the employment.
duties on behalf of the master, there is a stronger case for holding the master
liable 6.Independent Contractors:
- When dealing with contracts for services with independent contractors (not
2.Authorization by the Master:- The act must be expressly or impliedly employees), the doctrine of vicarious liability is typically not applicable.
authorised by the master, or it must be so closely connected with the Independent contractors are generally considered to be in business for
employment that it can be considered within the scope of authority. themselves, and the party contracting their services is not vicariously liable for
their torts.
3.Employee's Intention:- Vicarious liability generally applies even if the
employee's intention is to act in a wrongful or harmful manner, as long as the
act occurs within the scope of employment. Q44 & 45 & 46. Explain the concept of vicarious Liability, with the help of
master and servant relationship. M.U. Jan. 2018
4.Non-Delegable Duties: - Some duties are considered non-delegable, meaning
the master cannot avoid liability by delegating them to a servant. For example, Vicarious liability is a legal principle that holds one party (the "principal")
the duty to provide a safe working environment may be non-delegable. responsible for the wrongful actions or torts committed by another party (the
"agent" or "servant") in the course of their relationship. This legal doctrine is
Q43. Discuss contracts of services with reference to vicarious Liability. M.U. often illustrated through the master and servant relationship, where an employer
Nov. 2014 (master) is held vicariously liable for the actions of an employee (servant) when
those actions occur within the scope of employment. Here's an explanation of
Contracts of service, also known as employment contracts, play a significant role the concept using the master and servant relationship:
in the context of vicarious liability. Vicarious liability refers to the legal doctrine
where one party (the employer or principal) is held responsible for the tortious 1.Master and Servant Relationship:
acts committed by another party (the employee or agent) in the course of their
 - In the master and servant relationship, the master is an employer who has In other words, when an individual (the principal) authorises or directs another
control and authority over the servant, who is an employee. The servant person (the agent) to carry out a specific action, the legal consequences of that
performs tasks on behalf of the master, subject to the master's direction and action are attributed to the principal, as if they had directly performed the act.
control. The agent, in such cases, is considered to be acting as the alter ego or
representative of the principal.
2.Vicarious Liability Defined:
- Vicarious liability means that the master can be held legally responsible for Q48. What are the two maxims on which the principle of vicarious liability is
the tortious acts of the servant, even if the master did not personally commit the based? (2 marks) M.U. Apr. 2015 Apr. 2016
wrongful act. This liability is based on the legal principle that the master benefits
from the servant's actions and, therefore, should bear the responsibility for any The principle of vicarious liability is based on two key legal maxims: "respondeat
harm caused within the scope of employment. superior" and "qui facit per alium facit per se." These maxims encapsulate the
underlying principles that form the basis for holding one party (usually an
3.Scope of Employment: employer or principal) liable for the actions or torts committed by another party
- The key element in determining vicarious liability is whether the wrongful act (typically an employee or agent) within the scope of their relationship. Here's an
occurred within the scope of employment. If the servant's actions were explanation of each:
undertaken in the course of their employment or to further the employer's
interests, the master may be held vicariously liable. 1. Respondeat Superior:
- The Latin phrase "respondeat superior" translates to "let the master answer."
4.Authorization by the Master: This maxim encapsulates the idea that an employer or principal is vicariously
- Vicarious liability is more likely to apply if the servant's actions were liable for the wrongful acts of their employees or agents when those acts occur
expressly or impliedly authorized by the master. Even if the specific act was not within the scope of employment. The employer is considered responsible for the
explicitly directed by the master, it may still be considered within the scope of actions of employees while they are performing duties on behalf of the employer.
employment if it was connected to the duties or tasks the servant was hired to The key elements of "respondeat superior" include control and authority
perform. exercised by the employer over the employee, as well as the connection of the
wrongful act to the employee's job responsibilities.
5.Non-Delegable Duties:
- Some duties are considered non-delegable, meaning the master cannot 2. Qui Facit Per Alium Facit Per Se:
escape liability by delegating them to the servant. For example, the duty to - The Latin maxim "qui facit per alium facit per se" translates to "he who acts
provide a safe working environment may be non-delegable, and the master through another acts himself." This maxim emphasizes that when an individual
remains responsible for ensuring a safe workplace. (the principal) acts through an agent, the legal consequences of those actions
are attributed to the principal as if they had personally performed the act. In the
6.Employee's Intention: context of vicarious liability, this principle reinforces that the principal may be
- Vicarious liability generally applies regardless of the employee's intention. held responsible for the authorized actions of their agent. It underscores the idea
Even if the employee's actions are intentional or wrongful, the employer may still that the act of the agent is, in effect, the act of the principal when carried out
be held liable if those actions are closely connected to the employment. within the scope of the agency relationship.

7.Examples: Together, these maxims provide the legal foundation for vicarious liability,
- Examples of vicarious liability in the master and servant relationship include ensuring that individuals or entities with control and authority over others are
cases where an employee causes harm to a third party while conducting held accountable for the actions of those acting on their behalf. The principles of
work-related activities, such as a delivery driver causing a car accident or an "respondeat superior" and "qui facit per alium facit per se" are particularly
employee committing a tort during business hours. relevant in employer-employee relationships, where the actions of employees
may give rise to legal liability for the employer.
Q47. What is the meaning of "Qui Facit per alium facit per se"? (2
marks) M.U. Apr. 2011 Apr. 2013 Feb. 2019
Q49. What are judicial remedies? (2 marks) M.U. Nov. 2012
"Qui facit per alium facit per se" is a Latin legal maxim that translates to "He
who acts through another acts himself" in English. This principle reflects the The remedies available with respect to a tort are of two kinds:
legal concept of agency, specifically the idea that an act performed by an agent A. Judicial remedies
(or representative) on behalf of another party is considered, in legal effect, as if B. Extra-judicial remedies.
the principal party had performed the act themselves.
Judicial remedies
Remedies are said to be judicial when they are granted by the Court in a suit water. Unbeknownst to the shipyard workers, the water was contaminated with
filed by the injured party against the wrong-doer. The Court then normally furnace oil.
awards damages to the injured party. This is the usual remedy. The other two
judicial remedies in the law of torts are the granting of an injunction and the Subsequently, some welding operations caused sparks, and the cotton waste in
restitution of property. the harbour caught fire. The fire spread to "The Wagon Mound," causing
significant damage. The Overseas Tankship sought to recover damages for the
Extra-judicial remedies loss of the ship.

Extra-judicial remedies are those which an injured party adopts when he takes Legal Issue:
the law into his own hands, as it were, and helps himself in the matter, as for The key legal issue in the case was whether the shipyard could be held liable for
instance, the expulsion of a trespasser, re-entry on the land, abatement of a the damages caused by the fire, considering that the shipyard workers were
nuisance, etc. unaware of the presence of furnace oil in the water, and the extent of the
damage was unforeseeable.
Q50 / 51 . Discuss the law relating to remoteness of damages with the help of
leading cases. M.U. Nov. 2012 Apr. 2013 Decision and Legal Principle:
The Privy Council held that the shipyard was liable for the damage caused by the
The law relating to the remoteness of damages is a crucial aspect of tort and fire. The decision established the principle that liability in negligence is not
contract law. It addresses the question of how far in advance one can reasonably limited to the consequences that are foreseeable at the time of the negligent act.
foresee the consequences of their actions when determining liability for Instead, the liability extends to all direct consequences of the negligent act,
damages. Two well-known legal principles associated with the remoteness of regardless of whether those consequences were foreseeable.
damages are the "direct consequences" and "reasonable foreseeability" tests.
Lord Macmillan, in delivering the judgement, stated that "the test of negligence
Wagon Mound (No. 1) (1961) AC 388: is whether the consequences of the act are as such as a reasonable man would
- This case further clarified the principles of foreseeability. The court held that have foreseen." However, he emphasised that the extent or manner in which the
damages are recoverable if the type of damage is foreseeable, even if the extent damage occurs need not be foreseeable. The decision in "Re Polemis" shifted the
or manner of the damage is not. It shifted the focus from precise foreseeability focus from foreseeability of the precise manner of harm to foreseeability of the
to whether the type of damage was within the contemplation of the parties. general type of harm.

Hughes v. Lord Advocate (1963) AC 837: Significance:

- This case expanded the concept of foreseeability to include different types of The case marked a departure from the traditional approach to foreseeability and
harm. The court held that if any type of harm was foreseeable, even if the had a lasting impact on the development of negligence law. It established the
precise nature of the harm was not, damages would be recoverable. principle that if the kind of damage is foreseeable, the defendant may be held
liable for the full extent of the damage caused, even if the manner or specific
These cases collectively contribute to the development of the law relating to the consequences were not foreseeable.
remoteness of damages, emphasising the need for foreseeability and a
reasonable connection between the breach of duty and the damages claimed. "Re Polemis" has been widely cited and discussed in legal literature, contributing
They provide a framework for assessing whether damages were within the to the evolution of negligence principles and shaping the way courts assess
contemplation of the parties at the time of the breach. liability for unforeseeable consequences in negligence cases.

Q52. Write a short note on: Re Polemis M.U. Nov. 2013 May 2019 Q53. Write a short note on: The Wagon Mound Case M.U. May 2012 Nov. 2014
Apr. 2016 May 201 Feb. 2019 Nov. 2022
The case of "The Wagon Mound (No. 1)," often referred to as "Re Polemis," is a
landmark decision in English tort law that had a significant impact on the "The Wagon Mound (No. 1)" is a landmark case in English tort law that
principles of foreseeability in negligence cases. The case involved a shipyard and established important principles regarding foreseeability and the scope of liability
a ship called "The Wagon Mound," and it set a precedent regarding the extent of in negligence cases. The case, officially known as Overseas Tankship (UK) Ltd v
liability for unforeseeable consequences. Morts Dock and Engineering Co Ltd, is commonly referred to as "The Wagon
Mound (No. 1)" to distinguish it from a subsequent case known as "The Wagon
Background: Mound (No. 2)." The decision was rendered by the Privy Council in 1961.
In 1931, a ship named "The Wagon Mound" was docked in a harbor near a
shipyard owned by Overseas Tankship (UK) Ltd. The shipyard was carrying out Background:
welding work, and some cotton waste soaked in oil accidentally fell into the In 1951, a ship called "The Wagon Mound" was docked in a harbor near a
shipyard owned by Morts Dock and Engineering Co. Ltd. The shipyard was
carrying out welding operations, and some cotton waste soaked in oil
accidentally fell into the water. Unbeknownst to the shipyard workers, the water The measure of damages refers to the method or criteria used to assess and
was contaminated with furnace oil. quantify the compensation awarded to a plaintiff in a legal action. It aims to
provide the injured party with a monetary remedy that reasonably compensates
Subsequently, sparks from welding operations ignited the cotton waste, resulting for the losses or harm suffered due to the defendant's wrongful conduct. The
in a fire. The fire spread to "The Wagon Mound," causing significant damage. measure of damages may vary depending on the type of legal claim, such as
Overseas Tankship (UK) Ltd, the owner of the ship, sought to recover damages tort, contract, or property disputes.
for the loss.
Different Kinds of Damages:
Legal Issue:
The key legal issue in the case was whether the shipyard could be held liable for 1. Compensatory Damages:
the damages caused by the fire, considering that the shipyard workers were - General Damages: Non-monetary losses that are inherently linked to the
unaware of the presence of furnace oil in the water, and the extent of the type of injury suffered, such as pain and suffering, emotional distress, and loss
damage was unforeseeable. of enjoyment of life.
- Special Damages: Quantifiable and specific monetary losses that can be
Decision and Legal Principle: directly attributed to the defendant's actions, including medical expenses, loss of
The Privy Council held that the shipyard was not liable for the damages caused earnings, and other measurable financial losses.
by the fire. The decision introduced a significant shift in the approach to
foreseeability in negligence cases. 2. Nominal Damages:
- A small, symbolic amount awarded when there is a technical violation of
The court distinguished between two types of damage: direct consequences and rights but no substantial loss or harm suffered by the plaintiff. Nominal damages
indirect or consequential damage. It held that liability for indirect or acknowledge the wrongdoing without providing significant compensation.
consequential damage would only arise if it was foreseeable. However, liability
for direct consequences would extend to all damage that is a direct result of the 3. Contemptuous Damages:
defendant's negligent act, even if the extent or manner of the damage was not - Minimal damages awarded when a legal right has been technically infringed,
foreseeable. but the plaintiff has not suffered significant harm. The purpose is to recognize
the infringement without compensating the plaintiff substantially.
Significance:
"The Wagon Mound (No. 1)" is significant for clarifying the principles of 4. Exemplary Damages (or Punitive Damages):
foreseeability and the scope of liability in negligence cases. It established that - Damages awarded to punish the defendant for egregious conduct and to
the test for negligence involves foreseeability of the general type of harm rather deter similar behavior in the future. Exemplary damages go beyond
than foreseeability of the precise manner in which the harm occurs. compensation and are intended to send a message that certain types of behavior
will not be tolerated.
The decision has been influential in shaping negligence law and remains a key
precedent in discussions on causation and foreseeability in tort cases. It 5. Liquidated Damages:
introduced a more restrictive approach to the scope of liability for unforeseeable - Pre-determined damages specified in a contract to be paid in the event of a
consequences and has been widely cited in subsequent legal decisions and breach. These damages are agreed upon by the parties in advance and aim to
academic discussions. provide certainty in assessing compensation.

Q54. What Is "novus actus"? (2 marks) M.U. Apr. 2011 6. Consequential Damages (or Special Damages):
- Damages that result indirectly from the defendant's actions and are not a
Wrongful act of third party (novus actus i.e. new act) direct consequence of the wrongful conduct. These damages may include
additional losses beyond the immediate harm.
Where the damage is the wrongful act of a third party, such as could not
naturally be contemplated as likely to spring from the defendant’s conduct, it will 7. Incidental Damages:
be considered to be too remote - Costs incurred by the plaintiff as a direct result of the defendant's breach,
such as expenses related to mitigating damages or pursuing legal action.
Q55 & 56 . What is the measure of damages? What are the
different kinds of damages? M.U. Nov. 2013 Apr. 2018 May 2017 8. Prospective Damages:
- Damages awarded for future losses that the plaintiff is likely to incur as a
Measure of Damages: result of the defendant's actions. These may include future medical expenses,
loss of future earnings, or other anticipated financial losses.
 - A prohibitory injunction is a court order that restrains or prohibits a party
9. Statutory Damages: from engaging in a particular activity. It is issued to prevent harm or damage
- Amounts set by statutes to be awarded as damages for specific types of that might occur if the party is allowed to continue with the specified action.
wrongful conduct. Statutory damages are predetermined and may not - This type of injunction is sought when a plaintiff believes that the defendant
necessarily reflect the actual losses suffered by the plaintiff. is about to commit a wrongful act or is currently engaged in such an act. The
purpose is to prevent further harm or potential violations of rights.
Understanding the nature of damages and the appropriate measure for assessing
compensation is crucial in legal proceedings to ensure fair and just outcomes. In summary, a mandatory injunction forces someone to do something, while a
The specific types of damages available in a case depend on the legal context prohibitory injunction prohibits someone from doing something. Both types of
and the nature of the plaintiff's claims. injunctions are tools that courts use to ensure justice and prevent or remedy
harm in civil cases.
Q57 & 58 & 59 . What Is meant by "nominal damages"? (2 marks) M.U.
Nov. 2011

Nominal damages are awarded by the Court to the plaintiff, not by way of Q63. What are extra judicial remedies? (2 marks) M.U. Apr..2014 Apr. 2015
compensation, but by way of recognition of some legal right of his which the June 2018
defendant has infringed, as for instance, trespass, invasion of a right of
easement, etc Q64. Name any two extra-judicial remedies In the law of torts. (2 marks)
M.U. Nov. 2014
Q60. What are exemplary damages?(2 marks) M.U. Apr. 2011 Nov. 2015
Apr. 2016 Jan. 2018 Q65. Write a short note on : Extra Judicial remedies. M. U. Jan. 2018
Exemplary damages are awarded in cases where there has been great injury by
reason of aggravating circumstances accompanying the wrong. A heavy amount Extra-judicial remedies are those which are open to an injured party to adopt,
is awarded as an expression of indignation at the conduct of the defendant, when he takes the law into his own hands, so to say, and helps himself in the
whenever he has shown a conscious disregard of the plaintiff’s rights. Thus, matter, as for instance, expulsion of a trespasser, re-entry on land, abatement of
exemplary damages may be awarded in cases of seduction of a man’s daughter a nuisance, etc. Extrajudicial remedies are of five kinds:
with deliberate fraud or of gross defamation actuated by sheer spite or jealousy.
Such damages are intended to offer solarium to the plaintiff and to serve as a 1. Self-defence
punishment to the defendant. The object of giving exemplary damages is to It is lawful for a man to defend his person or property and to use reasonable
make a public example of the defendant in order to deter other persons from the force towards another for this purpose. (See also Ss. 96 to 100 of the Indian
commission of a similar act. Exemplary damages are also known as punitive or Penal Code.)
retributive damages.
2. Expulsion and re-entry
Q61 & 62. What is meant by Mandatory' and "Prohibitory Injunction'? (2 A person who is entitled to the immediate possession of immovable property
marks) M.U. Feb. 2019 may expel the trespasser therefrom and re-enter it, provided that the force used
by him is reasonable and does not transgress the reasonable limits of the
"Mandatory injunction" and "prohibitory injunction" are legal terms related to occasion.
court orders that direct or prohibit certain actions.
3. Re-caption
1. Mandatory Injunction: A person entitled to the immediate possession of chattels (that is, movables)
- A mandatory injunction is a court order that compels a party to perform a may recover them from any person who has them in his actual possession and
specific act or take certain actions. It is issued when the court determines that detain them, provided that such possession was wrongful in its inception.
not doing so would result in an injustice. Re-caption of chattels is an extra-judicial remedy. The plaintiff may help himself
- This type of injunction is sought when a plaintiff believes that the defendant by his own act and strength without recourse to any Court of justice or the
is not fulfilling a legal duty or is preventing the plaintiff from exercising their sanction of any judicial declaration of his rights. Specific restitution of property,
legal rights. The purpose is to restore the situation to how it should be according on the other hand, is a judicial remedy,that is, a remedy by way of an action at
to the law. law.

2. Prohibitory Injunction: 4. Abatement of nuisance

In cases of nuisance, private or public, under certain circumstances and subject a tort, and when multiple individuals or entities act in concert to cause harm,
to certain s, the injured party has the right to remove the nuisance. they are collectively referred to as joint tort-feasors.

5. Distress damage feasant Q68 & 70. Define "assault”.(2 marks) M.U. Apr.2008 May 2012
Where one man’s beasts are on another man’s grounds without licence (that is.
without the owner's permission) and spoil his corn, grass, etc., the owner is In legal terms, "assault" refers to an intentional act that causes another person
entitled to take possession of the beasts until he is compensated for the injury to apprehend or fear that they will be subjected to harmful or offensive contact.
he has sustained Importantly, assault does not necessarily involve physical contact; it is primarily
concerned with the threat or apprehension of harm. Assault is a civil wrong
Q66. What is distress damage to a feasant?(2 marks) M.U. Jan. 2018 (tort) and, in some jurisdictions, it is also a criminal offence.

Distress damage feasant Q69 & 72. Explain the Ingredients of assault and battery, citing relevant
cases. M.U. Nov. 2011 May 2012 Nov. 2012
Where one man’s beasts are on another man’s grounds without licence (that is.
without the owner's permission) and spoil his corn, grass, etc., the owner is Ingredients of Assault
entitled to take possession of the beasts until he is compensated for the injury
he has sustained. The distress must be taken at the time when damage is done In an action for assault, the plaintiff must prove:
and while the beasts are on the land. (i) That there was some gesture or preparation which constituted a threat of
force;
Distress damage feasant is thus a remedy by which, if cattle or other things are (ii) That the gesture or preparation was such as to cause a reasonable
on a man's land, encumbering it or otherwise doing damage there, he may apprehension of force;
summarily seize them without legal process and retain them for the redress of and
the injury he has sustained. (iii)That there was a present ostensible ability on the defendant’s part to carry
out the threats into execution immediately.
Anything animate or inanimate, which is wrongfully on the land of another and is It will be seen that there need not be an actual intention or power to use
doing damage, may be distrained for such damage. For instance, greyhounds or violence; it is enough if the plaintiff reasonably apprehends the danger. Thus, X
ferrets chasing and killing rabbits may be distracted and damage feasant. The can maintain an action against Y, if the latter threateningly points a gun at X,
distrainor must, however, supply the distrained animals with sufficient food and even though Y knows (but X does not) that the gun isn't loaded.
water. A locomotive was once diverted where it was used on a railway line of a
company without a certificate of the company as required by a statute. PROBLEM — A points a gun at B, who thinks that the gun is loaded. In fact, the
gun is not loaded, and A is aware of this fact. Has A committed any offence?
The right is founded on the principle of recompense, which justifies a person in Ans.- Yes, A’s pointing a gun at B would amount to an assault. [R. v. James,
retaining that which occasions injury to his property till amends are made by the (1844 1 Collector & K 530)]
owner. The right does not give the right of sale. It can be exercised only by a
person who has a sufficient possession of land to entitle him to maintain an Ingredients In an action for battery the plaintiff must prove:
action for trespass. The distress must be taken at the time of damage is
done; if the damage was done yesterday, and the distress taken today, that 1. The use of force to him, either to his body, as for instance, slapping or
would be illegal. pushing, or by bringing an object into contact with his body as for instance,
throwing water on him; and
It is doubtful whether the common law right of distress damage to a feasant can 2. That the use of force was intentional. Thus, touching a man merely to call his
be said to exist inIndia under the general law. However, - there are express attention, or jostling one another in a crowd, is not battery. Battery, like assault,
enactments may allow such distress, as for example, the Cattle Trespass Act, is also a criminal offence. (See S. 350 of the Indian Penal Code.)
which provides for compounding of cattle trespassing and
doing damage. PROBLEM. Being irritated by a painful injection administered to X by Dr. A, he
spat on the face of Dr. A. Has he committed any tort?
Q67. What is meant by Joint tort-feasors? (2 marks) M.U. Nov. 2015 May
2017 Ans. Yes, spitting on the face of another amounts to battery in the eyes of law. X
is, therefore,liable to pay damages to Dr. A for this tort. [The Queen v.
Joint tort-feasors refer to two or more individuals or entities who collaborate or Cotesworth, (1704) 6 Mod. 172]
act together to commit a wrongful act (tort) that results in harm or injury to
another person. In the context of tort law, a tort-feasor is someone who commits Q71 & 74 . Write a short note on : Assault and battery. M.U. Apr. 2013
Nov. 2015 Apr. 2016 May 2019
 3. Resulting Harm: The plaintiff must have suffered serious bodily harm, such as
Assault the loss of a body part or permanent disfigurement, as a direct result of the
An assault is the unlawful laying of hands on another or an attempt to do a defendant's intentional actions.
corporal hurt to another, coupled with a present ability and intention to do the
act. Thus, the essence of the wrong is putting a man in the present fear of While mayhem was historically a distinct offense, many legal systems have
violence, so that any act fitted to have that effect on a reasonable man would be evolved, and specific criminal offenses, such as assault and battery, now cover
an assault. But mere verbal threat is not assault, nor is a threat consisting only acts that were historically classified as mayhem. In modern times, the term
of gestures, unless there is an immediate intention and a present ability to carry "mayhem" may not be commonly used in statutes, but the underlying principles
it out. In assault, the intention of the offender is an important factor. Thus, if X are often covered by other legal concepts related to intentional torts and criminal
meets his old friend Y on the road and strikes him on his back, saying “Hi I offenses.
How’s life?”, it is certainly not assault. But, if in a heated argument between X
and Y, X attempts to strike Y, but is stopped in no time by Z, it would amount to Q76 & 77.What is false imprisonment & Short Note on False
assault. As observed by one writer, an unwanted kiss is as much actionable as a Imprisonment ? (2 marks)M.U. Apr. 2011 May 2012 Nov. 2013 Nov.
blow, although in the former case, the defendant might find it easier to show 2015 Apr. 2016 Feb. 2019
that he reasonably believed that the recipient of his attention would not object to
it. So also, the threat, “Your money or your life”, whether or not it does anything FALSE IMPRISONMENT
to allay the anxiety of the plaintiff, is an obvious invasion of his rights, and an
action for assault can be maintained. (Keefe v. State, 1857, 19, Ark. 190) In Definition
India, assault is also a criminal offence, punishable under S. 351 of the Indian (When a person is intentionally restricted from exercising his or her freedom the
Penal Code person is said to be falsely imprisoned)

Battery is the actual striking of another person or touching him in a rude, angry False imprisonment is a total restraint of the liberty of a person, for however
or insolent manner. It consists in touching another person in a hostile manner or short a time, without lawful excuse. The word ‘false’ means ‘erroneous’ or
against his will, however slightly. It is the actual application of force to the ‘wrong’. It is a tort of strict liability and the plaintiff need not prove any fault on
person of another, done without justification, in a rude, angry, insolent or the part of the defendant.
revengeful manner. In other words, the intentional application of force
to another without lawful justification, however trivial the amount or nature of Two things are necessary to constitute this wrong:
the force may be, constitutes the wrong of battery; for instance, the least
touching of a man in anger is battery. So also, spitting on someone’s face or (1) The total restraint of the liberty of the person.
cutting another’s hair without his consent or snatching a paper from another’s The detention of the person may be either (a) actual, that is, physical, as for
hand or removing his hat, would be instances of battery instance, laying hands upon a person; or (b) constructive, that is, by mere show
of authority, as for instance, by an officer telling a person that he is wanted and
Q75. What is mayhem? MU Jan 2018 making him accompany him.
(2) The detention must be unlawful. The period for which the detention
In tort law, the term "mayhem" refers to a specific type of intentional tort continues is immaterial. But it must not be lawful.
involving the intentional infliction of serious bodily harm. Mayhem typically
involves acts that result in the permanent disfigurement or disabling of a body False imprisonment (also sometimes called false arrest in American law) thus
part. It is considered a serious offense, and historically, it was both a criminal consists in the imposition of a total restraint for some period, however short,
offense and a basis for a civil lawsuit. upon the liberty of another, without lawful and sufficient cause or excuse. Such a
restraint may be either physical or by a mere show of authority.
To establish a claim for mayhem in tort, the plaintiff (the person bringing the
lawsuit) generally needs to show the following elements: Winfield defines false imprisonment as the infliction of bodily restraint which is
not expressly or impliedly authorised by law.The deprivation of the plaintiff’s
1. Intent: The defendant must have intended to cause the specific type of harm liberty must be complete, that is to say, the restraint must be such as to limit
that constitutes mayhem. This means that the defendant deliberately engaged in the freedom of motion in all directions. It is no imprisonment if a person is
an act with the knowledge that it would result in serious bodily harm. prevented from going in one or more of several directions in which he has a right
to go, so long as it is open to him to go, as far as he pleases, in some other
2. Act: There must be a deliberate act or series of acts that directly led to the direction.
serious bodily harm suffered by the plaintiff. The act could involve physical
violence, such as assault or battery, leading to disfigurement or disability. MAHARANI OF NABBA v. PROVINCE OF MADRAS, (1942 Mad. 696). — In
this case, a Sub-Inspector, misunderstanding a message sent to him, prevented
the Maharani of Nabba from boarding a train, and also posted two policemen to
prevent her car from being taken out of the railway compound. In a suit filed on corrections, and, in some cases, preventing the further publication of the
these facts, it was held that there was no false imprisonment,because she was defamatory material through injunctive relief.
not restrained or confined; only the liberty to go in the conveyance in which she
wished to go was affected. Freedom of speech considerations often play a role in libel cases, and many legal
systems strive to strike a balance between protecting an individual's reputation
Q78. What is libel and slander? (2 marks) M.U. Apr. 2015 Feb. 2019 and upholding the right to express opinions and share information. To
successfully defend against a libel claim, a defendant might rely on defenses
TWO FORMS OF DEFAMATION : LIBEL AND SLANDER such as truth, privilege, or the absence of actual malice in cases involving public
figures.
Definition of libel

A libel is a publication of a false and defamatory statement in some permanent

form, tending to injure the reputation of another person, without lawful
justification or excuse Q80. What Is defamation? Explain libel and slander, citing relevant case
laws. M.U. Jan. 2017
Definition of Slander
Defamation is a legal term that refers to the act of making false statements
A slander is a false and defamatory verbal or oral statement in some transitory about someone, either in spoken (slander) or written (libel) form, which harms
form, tending to injure the reputation of another, without lawful justification or the reputation of that individual. Defamation laws are designed to protect an
excuse. By reputation means the opinion of the world in general. Slander is not individual's reputation from false statements that may cause harm, damage their
actionable without proof of special damage,that is, it is not actionable per se character, or negatively impact their standing in the community.

Q79. Write a short note on : Libel. Libel and Slander:

Libel is a form of defamation in the field of law that involves the publication of Libel: Libel involves the publication of defamatory statements through written or
false statements or representations that harm the reputation of an individual, printed words, pictures, or any other form that can be visually represented.
business, or entity. Unlike slander, which involves spoken defamatory Examples include articles, blog posts, social media posts, or even photographs
statements, libel pertains to written or published defamation, including that contain false and damaging information about an individual.
statements made in print, online, or through other permanent forms of media.
Slander: Slander, on the other hand, refers to spoken defamatory statements or
Key elements of a libel claim typically include: gestures that harm a person's reputation. Slanderous statements are typically
transient and may include spoken words in conversations, speeches, or
1. False Statement: The information published must be false and damaging to broadcasts.
the reputation of the subject. Truth is a strong defense against a libel claim.

2. Publication: The false statement must be communicated to a third party, Case Law Examples:
meaning it is shared with someone other than the person making the statement
and the subject of the statement. New York Times v. Sullivan (1964):

3. Identification: The defamatory statement must identify the subject, either This U.S. Supreme Court case set a significant precedent for public figures. It
directly or indirectly. It does not have to mention the person's name explicitly if established that for public officials or public figures to succeed in a defamation
there are enough details for readers or listeners to understand who the subject lawsuit, they must prove that the false statement was made with "actual
is. malice"—knowledge of its falsity or with reckless disregard for the truth.

4. Harm: The false statement must cause harm to the reputation of the subject. McLibel Case (1997):
This harm may be in the form of damage to the person's character, business, or
professional standing. This case involved a legal battle between McDonald's Corporation and two
environmental activists in the United Kingdom. While not a defamation case in
Libel laws vary across jurisdictions, but generally, individuals who believe they the traditional sense, it highlighted issues related to freedom of speech and
have been defamed through libel can pursue legal remedies. Such remedies may criticism of corporations. The activists distributed leaflets criticising McDonald's
include seeking damages for the harm caused, obtaining retractions or practices. The case became one of the longest-running legal battles in English
history.
 relevant in cases where the allegedly defamatory statement is an expression of
Q89. State the requisites of defamation, along with its defences. M.U. genuine opinion rather than an assertion of fact.
Jan. 2018
Privilege:
Defamation is a generic term, covering both libel and slander. Defence Principle: Privilege provides immunity from liability for certain
The four requisites common to both are as follows: statements made in specific contexts where public policy favors the free
1. The statement must be defamatory. exchange of information. There are two main types of privilege: absolute
2. The statement must refer to the plaintiff. privilege and qualified (or conditional) privilege.
3. The statement must be published.
4. The statement must be false
Q90 Discuss in detail absolute privilege and qualified privilege.

DEFENCES
The following three defences available to a defendant in an action for Absolute Privilege vs. Qualified Privilege:
defamation: In cases of defamation, where someone's reputation is harmed by false
1. Justification (or truth) statements, both absolute and qualified privilege offer potential defences for the
2. Fair and bona fide comment speaker. But these two concepts differ significantly in the level of protection they
3. Privilege. provide. Let's dive into the details:

Requisites of Defamation (Common to Libel and Slander): Absolute Privilege: Absolute privilege acts as a complete defense against
defamation claims, regardless of the speaker's intent or the truthfulness of the
Defamatory Statement: statement. Even if the speaker harbors malicious intent, the privilege still holds.
The statement must be defamatory, meaning it harms the reputation of the
person about whom it is made. It may damage their character, good name, or Limited situations: This powerful protection is reserved for specific, high-interest
standing in the community. contexts deemed essential for the functioning of democratic institutions. They
include:
Reference to the Plaintiff:
The defamatory statement must refer to the plaintiff, either directly or indirectly. Judicial proceedings: Statements made in court by witnesses, lawyers, judges,
It should be reasonably understood by third parties to be about the plaintiff. and jurors are absolutely privileged.

Publication: Legislative proceedings: Speeches and debates within legislative bodies enjoy
The defamatory statement must be communicated to a third party. Simply absolute privilege.
making a false statement to the person affected is not enough for a defamation
claim. Certain government communications: High-ranking officials engaging in their
official duties may have absolute privilege for certain communications.
Falsity of the Statement:
The statement must be false. Truth is generally a complete defence against Marital communications: Spouses communicating with each other in private
defamation claims. typically have absolute privilege.

Three common defences available to a defendant in an action for defamation. Qualified Privilege:

Justification (Truth): Unlike absolute privilege, qualified privilege only offers protection under certain
Defence Principle: One of the strongest defences in defamation cases is proving conditions. If the plaintiff can prove the speaker abused the privilege, they may
that the statement in question is true. If the defendant can demonstrate that the still win a defamation case.
statement is factually accurate, it is a complete defence, as the essence of
defamation is the publication of false information that harms the reputation of Wider range of scenarios: Qualified privilege applies to a broader spectrum of
the plaintiff. situations, including:

Fair and Bona Fide Comment: Reporting on matters of public interest: Newspapers, journalists, and media
Defence Principle: This defence allows individuals to express opinions, as long as outlets have a qualified privilege when reporting on issues of public concern,
those opinions are fair, honest, and made without malice. It is particularly provided they act responsibly and with reasonable accuracy.
Statements made in self-defense or to warn others: Defending oneself or stone upon the plaintiff’s land or piling rubbish against this wall would technically
informing others about potential dangers can be protected by qualified privilege. amount to trespass.
Performance evaluations and references: Employers providing references or
performance reviews have a qualified privilege, but must avoid malice and In an action for trespass, the plaintiff must prove the following two things:
factual inaccuracies.
(i) That he was in actual possession of the land at the time of trespass; he must
Academic communications: Statements made within academic communities, have effective possession, and not mere use. It is immaterial whether his
such as by professors or during peer review, may be protected by qualified possession is rightful or wrongful.
privilege.
(ii) That there was direct interference with the possession of his land, though
there is no need to prove actual damage, since trespass is actionable per se.
Q91 & 92 . Write a short note on : Trespass and trespass ab initio M.U.
Apr.2015 Q94. Name the defences available to the defendant. M.U. Jan. 2017

Trespass: The following are nine defences available to a defendant in an action for
trespass:
In legal terms, trespass refers to the intentional interference with another
person's possession or use of land, personal property, or goods. Trespass can 1. Prescription
take various forms, including entering someone's property without permission, A defendant may plead that he was justified by reason of prescription, as by
causing physical damage to property, or interfering with another person's right showing a right of common or a right of way over the land which he has enjoyed
to exclusive possession of their property. Trespass is a common law tort, and for a period of twelve years orMore.
individuals who commit trespass may be held liable for damages or injunctive
relief. 2. Leave and licence

Trespass ab initio: A licence makes an act lawful which, without such permission, would be
unlawful. It is a voluntary suspension of the licensor’s right to treat certain acts
"Trespass ab initio" is a legal doctrine that translates to "trespass from the as wrongful, as for instance, tohunt on his land or to come into his house.
beginning." This doctrine is invoked when a person initially enters another's License may be (i) express, as in the case of a guest ina house or a person who
property with consent or a lawful purpose but subsequently exceeds the scope of purchases a ticket to attend a cinema, or (ii) implied, as in the case of a
that consent or lawful purpose. In such cases, the person is treated as if they customer entering a shop or a person who is habitually allowed to use the
had committed a trespass from the outset, even if the initial entry was lawful. plaintiff’s land as a short-cut.Thus, where the plaintiff had purchased a ticket for
a cinema, but was turned out of thecinema-house forcibly under a mistaken
Q93. Write a note on : 'Trespass to Property'. M.U. Apr. 2016 impression that he had not bought a ticket, it was held that substantial damages
ought to be awarded to the plaintiff. (Hurst v. Picture Theatre Ltd.,
Trespass to land may be committed in one of the following three ways: (1915 1 K. B. 1)

1. Trespass by wrongful entry 3. Authority of law

The most common form of trespass is a wrongful personal entry by the
defendant on the plaintiff's land. The slightest crossing of the boundary is Authority of law is a good defence in the following three cases:
sufficient, as for instance, putting one'shand through another’s window or sitting
on a fence. (a) Execution of legal process
Entry under a legal process is justified. Persons who execute legal processes like
2. Trespass by remaining on the land a warrant of arrest, attachment or search, are protected by the warrant from
A person who has lawfully entered on the land in the possession of another liability in respect of the acts
commits trespass if he remains there after his right of entry has ceased. Thus, a authorised by it. But they can claim this immunity only if (i) the warrant is not
person who has entered by leave or licence of the occupier will be liable as a illegal on the face of it; (ii) they do not exceed the authority given under the
trespasser if, after a request, he fails to leave thePremises warrant; and (iii) they conform to the procedure prescribed by law.

3. Trespass by placing things on the land (b) Distress

It is a trespass to cause any physical object to cross the boundary of the Distress is the remedy for the satisfaction of a demand, which consists in the
plaintiff’s land, or even to come into physical contact with the plaintiff's land, taking of a personal chattel from the possession of the defaulter as a pledge for
even though there may be no crossing of the boundary. For instance, throwing a the required performance. Itis the usual remedy for recovery of rent.
 Thus, the occupier of land may cut off the overhanging branches of his
(c) Distress damage feasant neighbour’s trees or even roots which have spread from these trees into his own
Distress damage feasant is a remedy by which, if cattle or other things are on a land. But he cannot cut the branches of the tree stands on the lands of both the
man’s land,encumbering it or otherwise doing damage there, he may summarily parties.(The law as to abatement is discussed under ‘Nuisance’, below.)
seize them and retain them as a pledge for the redress of the injury sustained by
him. Anything animate or inanimate which is wrongfully on the land of another 9. Special property or easement
and is doing damage may be distrained for such damages.This right exists under A person who enjoys an easement may enter upon the servient tenement in
English law and is founded on the principle of recompense. It can be order to do necessary repairs.
exercised by a person who has sufficient possession of land to entitle him to
maintain an action for trespass.It does not, however, give him any right of sale.
The distress must be taken at the time when Q97. Write a short note on : The Six Carpenters' Case. M.U. Apr. 2014
the damage is done. So, if the damage was done yesterday and the distress is June 2018
taken today, it would be illegal. One may be distracted even in the night, but a
distress for rent can be made only during the day. Distress damage is not The Six Carpenters' Case, also known as "The Case of the Six
allowed against a party who purports to exercise his right. Carpenters," is a legal case from English common law that played a significant
role in establishing the principle that a person's occupation does not excuse
4. Act of public necessity them from liability for trespass. The case is an important precedent that
Entry on the land of another person without his consent is justifiable on the contributed to the development of the law of trespass and the protection of
ground of public necessity, as for instance for putting out a fire for public safety, property rights.
defence of the realm, etc.
Background:
5. Self-defence
A trespass may be excused as having been done in self-defence or in defence of The case dates back to 1606 during the reign of King James I. The six
a man's goods, chattels or animals. Force used in such cases must be carpenters, who were part of a trade guild, entered the land of a man named
reasonable, that is, it must be necessary for the purpose and proportionate to Bird without his consent. They were constructing a house for another person
the damage to be prevented. If a person has actual nearby and needed to set up scaffolding on Bird's land to carry out their work.
possession of goods and another wrongfully attempts to take the same from Bird, however, objected to their presence on his property and filed a legal action
him, he is justified in using such force as is necessary for the purpose of against the carpenters.
defending his own possession. Under these circumstances, self-defence is a valid
plea in an action for trespass. Legal Issue:

6. Re-entry on land The primary legal issue in the case was whether the carpenters could be held
An owner who has been wrongfully dispossessed can re-enter on his land, and if liable for trespass even though they claimed they were working in their
he does so,he cannot be sued for trespass by the person who was there professional capacity and had the right to access the land for construction
wrongfully. purposes.

7. Re-taking of goods and chattels (Re-caption) Decision:

If a person takes away the goods of another upon his own land, he gives to their
owner an implied licence to enter the land for the purpose of re-caption. The court, in its decision, ruled in favour of Bird and held that the carpenters
Similarly, if the goods are on the land of another in pursuance of a felonious act were indeed liable for trespass. The judgement emphasised the fundamental
of a third person, the entry will be justifiable. But It will be otherwise if the principle that occupation or profession does not excuse a person from
goods or chattels are on the land of another owing to some negligent or trespassing on another's land without permission. The court reasoned that every
wrongful act of the owner himself. person's land is their castle, and the law should protect the rights of property
owners.
8. Abatement of nuisance
An occupier of land may, after previous notice, enter upon another’s adjoining
land for the purpose of removing a nuisance upon it. Q98. What is a nuisance?(2 marks) M.U. May 2012 May 2017
Abatement, that is removal, of the nuisance by the party injured by it must be
(i) peaceable,(ii) without danger of life or limb, and (iii) after giving notice to Q99. What is a nuisance? State defences available for tort of
remove the same, if it is necessary to enter another’s land to remove a nuisance, defamation. M.U. May 2017
or where the nuisance is a dwelling house in actual occupation, unless it is
unsafe to wait.
Q100. Write a short note on: Nuisance? M.U. Apr. 2015 June 2018 Q101: What is a public nuisance?
Feb.2019

Q101.What is a public nuisance? (2 marks) M.U. Apr.2011 Nov.2011 Apr. A public nuisance is an unlawful act that interferes with the rights of the public
2014 Nov. 2022
generally or hinders their use of public rights-of-way (e.g., blocking a public road).
Q102. What Is a Private nuisance? (2 marks) M.U. Jan. 2017 It can be both criminal and actionable in civil court.

Nuisance: A Legal Summary

Q102: What is a private nuisance?

Here's a breakdown of your questions about nuisance in law:

A private nuisance is an unreasonable interference with a person's enjoyment of
their own land or property. It affects a limited group of people and requires proof
Q98 & Q100: What is a nuisance?
of actual harm to the plaintiff's use and enjoyment of their property.

A nuisance is a wrongful act that interferes with another person's enjoyment of

Additional Notes:
their land or property, or endangers their health, safety, or comfort. It comes in
two forms:
● These are just brief summaries, and the specific legal details of nuisance
may vary depending on the jurisdiction.
● Private nuisance: Affects one person or a restricted group of people (e.g.,
● If you have further questions about nuisance or any other legal issue, it's
loud music disrupting a neighbor).
best to consult with a qualified legal professional.
● Public nuisance: Affects the community as a whole (e.g., illegal dumping in
a public park). Q103 . Write a short note on : Conversion M.U. May 2011

Q99: Defences for nuisance: Q104. Define conversion". (2 marks) M.U. Apr.2013

Definition
In a nuisance lawsuit, the defendant can raise various defenses depending on
the specific situation. Some common defenses include: An action of conversion or trover was originally the remedy of the plaintiff to
recover damages against the person who had found goods and refused to deliver
them up on demand to the plaintiff. In course of time, it became the form of
● Coming to the nuisance: The plaintiff moved in after the nuisance was action where the plaintiff sought to recover damages from the defendant who
had converted the plaintiff’s goods to his own use and came to be known as an
established. action of conversion. Conversion is thus the wrongful taking or using or
● Prescription: The nuisance has existed for a long time without objection, destroying of the goods or an exercise of dominion over them inconsistent with
the title of the owner.
creating a legal right to continue.
● Abnormally sensitive plaintiff: The plaintiff's reaction to the nuisance is To maintain an action of trover, the plaintiff had to prove either an absolute or a
special property in the goods in question and also a right to their possession.
unreasonable compared to a typical person. The action of trover is founded on the property in the goods, the action of
● Necessity: The nuisance was unavoidable due to an emergency or trespass, on their possession. In trover,damages alone can be recovered.

legitimate public interest. Case Law - In a case decided by the Orissa High Court, it was observed that
there are three distinct methods by which one can commit conversion, namely, -
(a) by wrongfully taking a chattel;
(b) by wrongfully detaining a chattel; and provide such an explanation, the court may find in favour of the plaintiff based
(c) by wrongfully disposing of a chattel. on the presumption of negligence created by the doctrine.
The Court observed that in the first case, the wrong-doer acquires a possession
which is wrongful ab initio. In the second case, he acquires possession rightfully
but retains the chattel wrongfully. In the third case, he neither takes it Q111. What is meant by contributory negligence? Discuss the doctrine
wrongfully nor retains it, but so acts that it is lost to the true owner. briefly and state the exceptions, if any.
(Paramananda v. Bora Behera, A. I. R. 1978 Ori. 114)
Contributory Negligence:
Q105. What is conversion by destruction?(2 marks) M.U. Nov. 2013 Jan. In the realm of tort law, where one party seeks compensation for harm caused
2017 by another's negligence, the concept of contributory negligence plays a crucial
role in determining fault and apportioning damages. In essence, it asks: did the
When the property is wrongfully destroyed injured party's own actions contribute to their injury?

Every wilful and wrongful destruction of a chattel or wilful or wrongful damage to The Doctrine and its Impact:
it, whereby the owner is deprived of the use of it in its original state, is a
conversion, as for example, taking away the wine from a cask and filling the Under the traditional common law doctrine of pure contributory negligence, if a
cask with water. plaintiff was even minimally at fault for their own injury, they are barred from
any recovery from the defendant, regardless of the defendant's negligence. This
Q106.Write a short note on:Donoghue v. Stevenson. M.U. Nov. 2011 "all or nothing" approach can seem harsh, leaving plaintiffs with no
Nov. 2012 Nov. 2013 Nov. 2014 compensation even if the defendant was primarily responsible.

Shifting Tides: Recognizing Comparative Fault:

Q107. Write a short note on : Res ipsa loquitur. M.U. June 2018
The perceived harshness of pure contributory negligence has led many
Q108. What Is the meaning of "Res ipsa loquitur"? (2 marks) M.U. Nov. jurisdictions to adopt comparative fault systems. These systems, broadly
2012 categorised as pure comparative fault and modified comparative fault, apportion
damages based on the percentage of fault attributable to each party.
Res Ipsa Loquitur:
Pure Comparative Fault: Under this system, even if the plaintiff is 99% at fault,
Meaning: they can still recover 1% of their damages from the defendant, reflecting the
defendant's 1% role in causing the injury.
"Res ipsa loquitur" is a Latin phrase that translates to "the thing speaks for
itself." It is a legal doctrine used in tort law to establish a presumption of Modified Comparative Fault: This system typically sets a threshold, often 50%,
negligence based on the circumstances surrounding an accident or injury. When for barring recovery by the plaintiff. If the plaintiff is found more than 50% at
the doctrine is applied, the plaintiff does not need to prove the defendant's fault, they cannot recover, but if they are less than 50% at fault, their damages
negligence through direct evidence. Instead, the facts and events speak for are reduced by their percentage of fault.
themselves, creating an inference that the defendant was negligent.
Exceptions to the Contributory Negligence Defense:

Application: Even within jurisdictions applying contributory negligence, exceptions exist

where the defendant's conduct negates their ability to raise this defence:
Res ipsa loquitur is typically invoked when the details of an accident are not
entirely known, but the circumstances strongly suggest that negligence must If the defendant had the "last clear chance" to avoid the injury after the
have occurred. Examples include objects falling from a window, surgical plaintiff's negligent act, the defendant may be fully liable despite the plaintiff's
instruments being left inside a patient after surgery, or a barrel falling from a contributory negligence.
warehouse.
Willful and Wanton Conduct: The defendant's deliberate disregard for safety or
Legal Effect: reckless conduct may render contributory negligence inapplicable

When res ipsa loquitur is successfully applied, it shifts the burden of proof to the Intentional Torts: In cases of intentional torts like assault or battery, the
defendant. The defendant must then provide a satisfactory explanation for the plaintiff's contributory negligence is generally irrelevant.
incident, demonstrating that they were not negligent. If the defendant fails to
 Q117. What Is Deceit or fraud? DIscuss in detail the essentials of the
Q113. Write a short note on : Malicious prosecution. M.U. May 2012 Nov. 2012 tort of deceit. M.U. Nov. 2011 Nov. 2012
May 2017

Malicious Prosecution: Deceit and Fraud:

Malicious prosecution is a tort, a civil wrong, that arises when someone initiates Deceit: A broader term encompassing any act of misleading or misrepresenting
legal proceedings against another person without justification and with malicious information, regardless of intent or purpose. It can involve both spoken and
intent. In simpler terms, it occurs when someone sues or accuses someone else unspoken actions, like half-truths, omissions, or creating false impressions.
of a crime without proper cause, simply to harm them.
Fraud: A specific legal term referring to deceit used with the intention of gaining
Key Elements: personal benefit (financial, property, etc.) or causing harm to another. It
necessitates both the action of deceit and the intent to deceive.
Initiation of Legal Proceedings: The defendant must have initiated a lawsuit or
criminal charges against the plaintiff. Essentials of the Tort of Deceit:

Lack of Probable Cause: The defendant must have lacked sufficient evidence or The tort of deceit, also known as fraudulent misrepresentation, is a civil wrong
reason to believe the plaintiff was guilty of the alleged offence. recognized in common law legal systems. To successfully claim this tort, the
plaintiff must prove the following elements:
Malicious Intent: The defendant must have acted with malice, which can include
motives like revenge, spite, or harassment. False Statement: The defendant made a false statement of fact (not opinion or
subjective belief).
Favourable Termination: The legal proceedings initiated by the defendant must
have been dismissed in favour of the plaintiff. Knowledge of Falsity: The defendant knew the statement was false or recklessly
disregarded its truthfulness.
Damages:
Intent to Deceive: The defendant intended to deceive the plaintiff or acted with
If successful, the plaintiff can receive compensation for damages suffered due to reckless indifference to whether the plaintiff relied on the false statement.
the malicious prosecution, including:
Reliance: The plaintiff relied on the false statement in good faith.

Financial losses: Legal fees, lost wages, damage to reputation. Causation: The plaintiff's reliance on the false statement caused them actual
damage.
Emotional distress: Mental anguish, humiliation, loss of sleep.
Punitive damages: In some cases, to punish the defendant for their malicious Examples of Deceit:
conduct.
A car dealer knowingly hides significant engine damage and sells the car as
Challenges: "new" to an unsuspecting buyer.

Proving malicious prosecution can be difficult, as it requires establishing both A financial advisor convinces a client to invest in a risky scheme through false
lack of probable cause and malicious intent. This often involves analysing the promises of guaranteed returns.
defendant's motivations and the evidence available during the initial
proceedings. A politician knowingly fabricates campaign information to deceive voters and win
an election.
Importance:

Malicious prosecution protects individuals from being wrongfully accused and Q118 119 121 122 123 121 125 . What is the rationale of strict liability? Explain
harmed by baseless legal actions. It serves as a deterrent against using the legal with the help of case laws. M.U. Nov.2013 Nov. 2014 Apr. 2015
system for personal gain or to inflict harm on others.
Strict liability is a legal doctrine where a person or entity is held responsible for
their actions regardless of intent or negligence. The rationale behind strict liability
is to ensure accountability in situations where certain activities inherently pose a The rule in Rylands v. Fletcher has been applied in many subsequent cases, both
risk to others, and it may be challenging to prove fault. in England and in other common law jurisdictions. It is an important principle in
tort law, as it helps to protect landowners from harm caused by their neighbors'
activities.

This legal principle is often applied in cases involving dangerous activities, Here are some of the key takeaways from Rylands v. Fletcher:
defective products, or activities with a high likelihood of harm. Strict liability shifts
the burden to the party engaging in the activity or producing the product, ● Landowners are liable for the escape of dangerous things from their land,
emphasising the need for heightened caution and responsibility. It aims to protect even if they are not negligent.
individuals who might be harmed and promote safety in areas where potential ● The rule applies to things that are artificially brought onto the land, not to
risks exist. things that are naturally there.
● The rule only applies if the escape of the dangerous thing causes
Summary of Rylands v. Fletcher, a landmark case in English tort law: foreseeable damage.

Rylands v. Fletcher (1868) established the principle of strict liability for

non-natural use of land. This means that if you bring something dangerous onto
your land and it escapes, causing damage to your neighbor's property, you are
liable for that damage even if you were not negligent.

124. Difference between strict and absolute liability.

The facts of the case were as follows:
Strict Liability vs. Absolute Liability: Demystifying the Difference
● Rylands built a reservoir on his land to power his mill.
● Unknown to Rylands, there were old mine shafts under the reservoir. Both strict liability and absolute liability hold individuals accountable for harm
● When the reservoir was filled with water, it broke through the shafts and caused, but they differ in the key element of fault and the defenses available:
flooded Fletcher's coal mine on the neighboring property.
● Fletcher sued Rylands for the damage caused to his mine. Strict Liability:

The court held that Rylands was liable for the damage to Fletcher's mine, even ● Focus: Recovering compensation for harm caused by dangerous activities
though Rylands was not negligent. The court reasoned that: or substances.
● Fault: Doesn't require proof of negligence or intent to harm. The fact that
● Rylands had brought a dangerous thing (water) onto his land. the activity or substance is inherently dangerous and caused harm is
● The escape of the water was not a natural use of the land. sufficient.
● The escape of the water caused foreseeable damage to Fletcher's ● Defences: Limited defences might be available, such as proving the harm
property. was caused by an intervening act beyond the defendant's control or that
the victim willingly exposed themselves to the risk.
 ● Examples: Operating a hazardous facility, keeping wild animals, using ● The specific applications and legal nuances of strict and absolute liability
explosives. may vary depending on the jurisdiction and context.
● Both concepts play a crucial role in holding individuals accountable for
Absolute Liability: harm caused by their activities and substances, particularly those
considered inherently dangerous.
● Focus: Ensuring safety and deterring risky activities by imposing automatic
liability regardless of fault.
● Fault: No need to prove any fault or intent on the defendant's part. Liability
is imposed simply because the activity caused harm.
● Defences: Very limited or no defences are available. The focus is on
absolute responsibility for the consequences of the activity. Strict Liability:
● Examples: Using nuclear materials, operating common carriers (trains,
buses), possessing certain dangerous goods (pesticides). 1. No Proof of Fault:

Key Differences: - Principle: Strict liability does not require the plaintiff to prove that the
defendant acted negligently or intended to cause harm. The focus is on the fact
that the activity or use of a substance is inherently dangerous.
Featu Strict Liability Absolute Liability
re
- Example: If someone operates a hazardous facility, and harm results, the
injured party need not show that the operator was negligent; the mere fact that
Focu Compensation for harm Safety and deterrence harm occurred during the operation of the facility may be enough to establish
s
liability.

Fault Doesn't require proof of No fault required 2. Limited Defenses:

fault

- Principle: While some defenses are available, they are limited compared to
Defe Limited defenses available Very limited or no defenses
cases involving negligence. Common defenses might include unforeseeable
nses
intervening acts beyond the defendant's control or voluntary assumption of risk by
the plaintiff.
Exam Hazardous activities, Nuclear materials, common
ples dangerous substances carriers, dangerous goods
- Example: If a person keeps wild animals on their property, and those animals
escape, causing harm, the defense may be limited to proving that the escape
Remember: was due to an unforeseeable event like a natural disaster

3. Applied to Inherently Risky Activities:

 - Principle: Strict liability is often applied to activities that are inherently risky or 3. Reserved for Exceptionally Hazardous Activities:
involve dangerous substances. This includes activities where the potential harm
is great, and the risks are foreseeable. - Principle: Absolute liability is generally reserved for activities that are
considered exceptionally hazardous and where the potential harm is substantial.
- Example: Using explosives or engaging in ultrahazardous activities may be
subject to strict liability. - Example: Handling certain dangerous goods, such as pesticides with the
potential for severe environmental or public health consequences, may be
subject to absolute liability.

### Absolute Liability:

1. Liability Without Fault: Conclusion:

- Principle: Absolute liability goes beyond strict liability by imposing liability While both strict and absolute liability aim to ensure accountability for certain
without any regard to fault. It doesn't matter if the defendant acted with utmost activities, absolute liability takes a more stringent approach by imposing liability
care; if harm occurs, they are still strictly liable. without any consideration of fault and with minimal available defenses. The
choice between these doctrines often depends on the nature of the activity or
- Example: In cases involving nuclear materials, if a nuclear incident occurs, substance involved and the legal standards of the jurisdiction.
those responsible are held liable, regardless of the level of care they exercised.

2. Virtually No Defenses:
Q129. What is meant by the scienter rule? (2 marks) M.U. May 2012 Apr. 2014
- Principle: Absolute liability typically allows for very limited or no defenses. The Nov. 2014 Apr. 2016 May 2017 June 2018

focus is on ensuring accountability for highly hazardous activities, and traditional The term "scienter" is often associated with the legal doctrine known as the
defenses like contributory negligence or assumption of risk may not be "scienter rule," especially in the context of tort law, particularly animal liability.
The scienter rule deals with the liability of a person who possesses or harbors a
applicable. potentially dangerous animal.

Scienter Rule:
- Example: In the operation of common carriers like trains or buses, if an
accident occurs and harm results, the operator may be held absolutely liable with 1. Meaning:
- "Scienter" is a Latin term that translates to "knowingly" or "with knowledge."
little room for traditional defenses. The scienter rule holds that a person can be held liable for harm caused by their
animal if they were aware of the animal's dangerous or vicious propensities.

2. Essential Element:
- The key element of the scienter rule is the knowledge of the owner or
possessor regarding the dangerous nature of their animal. If a person knows or
has reason to know that their animal has a propensity for aggression or violence,
they may be held strictly liable for any harm caused by the animal.

3. Application:
- The rule is often applied in cases involving injuries caused by dogs or other
domestic animals. If an owner is aware that their dog has a history of aggressive
behavior or has bitten someone in the past, and the dog subsequently injures
another person, the owner may be held liable under the scienter rule.

4. Strict Liability:
- The scienter rule operates as a form of strict liability, meaning that the
injured party does not need to prove negligence on the part of the owner.
Instead, the focus is on the owner's knowledge of the animal's dangerous
tendencies.

5. Defenses:
- Defenses to a claim under the scienter rule might include the owner's lack of
knowledge about the animal's dangerous propensities. If the owner had no
reason to believe that the animal could be dangerous, they may have a defense.

6. Scope:
- The scienter rule is often invoked in cases involving domestic animals rather
than wild animals. It recognizes that domestic animals, even if not inherently
dangerous, can become so if the owner is aware of their aggressive tendencies.

In summary, the scienter rule holds owners accountable for harm caused by
their animals if they were aware of the animals' dangerous propensities. It
operates as a form of strict liability, emphasizing the owner's knowledge as a
crucial element in determining liability for injuries caused by the animal.