Torts Memory Based Questions
Torts is defined as civil wrong. So it is not a crime, neither a breach of contract nor a breach of trust. It is only a civil wrong for which the person who has suffered some legal damages may sue for unliquidated damages.
Is it Law of Tort or Law of Torts:
It has been a point of debate that is it Law of Tort or is it Law of Torts. As per few Jurist and thinkers like Salmon it is law of Tort while on the other hand Jurist like Winfield it is Law of Torts.
Law of Torts:
This theory is supported by Salmon. According to this theory there are specific torts and liability under tort arises only when there is breach of any of these torts. This theory is also known as Pigeon Hole Theory. So as per this theory if there is no pigeon hole for the act committed it cannot be a tort.
Law of Torts:
As per this theory there are not only specific torts, any unjustified harm caused to a person is tortious. This enables courts to create new tort and provide for unliquidated damages even in case there is no specific Tort.
Essentials of Tort:
Act of Commission or Omission
Tort can be created due to act of commission or act of omission. This means that tortious liability can be created by doing what a person what not suppose to do or by not doing what a person was suppose to do.
In case of Glasgow coronary V. Taylor defendant failed to put proper fencing around a poisonous tree due to which a child ate fruit of that poisonous tree and died. It was held that tort was created due to act of omission.
Second essential is that plaintiff must have suffered some legal damages. Legal damages means that damages must be what law recognizes. Every financial loss can not be considered as legal damages and on the other hand there can be legal damages without even financial loss. This can be understood as under
Damnum Sine Injuria: This means Damages without injury. As per this maxim a person who has suffered some financial loss but has not suffered any legal damage can not claim for tort. This was elaborated in Gloucester Grammer School case,
Injuria Sine Damno: This means injury without damage. If there is no financial loss or damage however there is legal injury or damage a person can claim for tort. This was elaborated in Bhim Singh, Mla vs State Of J & K And Ors
TYPES OF TORTIOUS:
(1)STRICT OR ABSOLUTE LIABILITY
Defendant is liable for Strict or Absolute liability when defendant has
• Made Non natural use of Land
• Stored any substance on his land or in his premises
• Such Substance has escaped and
• Caused loss to other
This liability arises even if the escape is unintentional.
However following are the exceptions when this liability does not arises
• Damage due to Natural Use of the Land
• Consent of the plaintiff
• Act of Third Party
• Statutory Authority
• Act of God
• Escape due to plaintiff’s own Default
This liability is based on the rule Qui facit per alium facit per se which means what you can do yourself can do through others.
If a person delegates his authority to contract to other and such other person to whom this authority has be assigned commits a tort then the principal will be liable for such tort. This liability may arise in following relations as well
• Principal and Agent
• Master and Servant
• Employer and Independent Contractor
These online MCQ tests and MCQ questions includes all main concepts of the chapter (Torts) for CLAT.