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A tort is nothing but a ‘twisted action’. It is a civil wrong. When a person commits a
wrong of civil nature like causing nuisance to a neighbour or being negligent in his action
it is called a ‘tort’.
There are two schools of thought. Some people are of the view that it is the Law of Torts,
there being a specific body of wrongs and you need to fit in your own tort into one of
them. The counter view runs such that it is the Law of Tort and there are necessary
ingredients to the commission of a tort and once fulfilled, you have a tort.
When a legal injury is caused to a person, a tort is said to have been committed. It is
assumed that every person owes a general duty of care to his neighbour. By ‘neighbour’
we do not mean the hot girl next door but it is any person who can be affected by your
acts. When this duty of care is breached then a tort or a civil wrong is committed. For
example, Sandipan and Aymen are neighbours. If Sandipan starts playing loud music in
the middle of the night such that it creates nuisance and Aymen is disturbed then the
latter’s legal right is injured and there lies a cause of action against Sandipan.
Two principles:
This Latin principle means there has been legal injury (“injuria”) but no actual damage
has been caused.
Example : In the famous case of Ashby v. White a listed voter was not allowed to cast his
vote by the polling officer. The voter’s candidate of choice ultimately won the election.
So no actual damage was caused but there was a violation of the person’s legal right to
vote. This is injuria or legal injury even though no actual damage has been caused. This is
a tort and the aggrieved party has a right of action in tort law.
This means that there has been damage but no legal injury has been committed so no
action lies in tort law.
Example : In the Gloucester Grammar School case there was an established school in the
locality. A new school was set up which charged lower fees on account of which people
started patronising the new school. The old school filed a case against the latter saying
that they had caused them financial loss and claimed compensation. The court held that
no legal right had been violated and as such no compensation can be granted. Thus if
damage is caused which does not lead to violation of a legal right then no action lies
under tort law.
In tort law the two parties in a case are known as plaintiff and defendant. Plaintiff is the
aggrieved party who files the suit claiming some legal injury being done to him.
Defendant is the person who is alleged to have committed the tort.
Tortfeasor:
The person who commits a tort, i.e. a civil wrong is said to be a tort-feasor. When two or
more persons jointly commit a civil wrong they are called ‘joint tort-feasors’.
As you all know, CLAT’s paper is divided into 5 sections. However, no one can ever be
sure of what kind of questions one will have to face. In CLAT 2008, the system of
differential marking was used by NLSIU, where each Legal Reasoning question carried 3
marks while each General Knowledge question was given half a mark. In CLAT 2009, on
the other hand, every question had one mark and surprisingly, there was no sign of Legal
Reasoning. Further, in 2010, the Legal Reasoning questions were put up in the Logical
Reasoning section and the Maths section was unhinged.
This is what we “think” it is, based on reliable sources and the statements that are coming
from NUJS and the CLAT Organizing committee. While the sources are reliable, you
shouldn’t take this as the basis of how you intend to prepare.
General Knowledge
Unlike CLAT 2010, the paper will have almost all the questions based on the Current
Affairs. Static GK might be asked if it is in the news nowadays. For example, something
about Babri Masjid’s history might come as it’s pretty much talked about in the news. So,
make sure you stay updated with what’s happening around and do follow the Current
Affairs Compendiums which are put up weekly on CLATGyan.
A note for those who have been frantically roaming around, tensed and worried that
they’ve been concentrating only on Static and not on Current: No worries. You’ve done a
good thing, static CAN NOT be completely absent, and it is necessary that you do have
your basics with you. In my opinion, the important Current Affairs comes from August
onwards. We will try and bring you compendiums of current affairs starting January 2010
if possible, but don’t worry much about the “older” months. One yearbook or a few good
Pratiyogita Darpan year-roundup issues should be help you out.
GK requires you to stay calm and determined. Nothing that you study is unimportant,
everything shall be put to use, if not in your test papers, then at least in Law School.
Logical Reasoning
This, without any incertitude, will be the make or break section. In 2011, the whole
section will emphasize on Critical Reasoning rather than Analytical Reasoning. It can
also be said that this will be the section where you will have to use your mind the most.
Also, this section will contain the lengthiest questions of the paper.
Legal Aptitude
NUJS, who is conducting CLAT 2011, wants people who can THINK and have great
reasoning abilities. Hence, we do not expect any Legal GK question in this edition of
CLAT. It will be like NLU Delhi’s 2010 Paper, in which the whole Legal Aptitude
section had Legal Reasoning Questions. However, there might be some reasoning
questions with one word answers like : In Ram v. Shyam, Ram can never be what? …
The options were defendant, plaintiff, prosecutor and complainant. (Defendant was the
correct answer and this question was asked in CLAT 2010).
So, do as many Reasoning Questions as you can and beat the greatest enemy of yours…
the time! (same applies with Logic section)
English
Getting the same “test of reasoning” thingy, this section will focus on Reading
Comprehension/Passages and Grammar. There will be no vocabulary at all. You need not
worry about mugging up words and scratching your head when you forget them. Even
here, the same rule applies… the more you practice, the much better.
Maths
First of all, do not expect Factors, Square roots or Prime numbers. CLAT 2010 is a very
bad example of CLAT’s maths. NUJS has a reputation of having a good standard of
maths and you shall see, they will keep it up. However, Solving a question will not be a
huge task. But, solving it without taking much time will be the key.
And Finally, I would like to end this with three advices. Firstly, Practice as much as you
can and never ever even think of stopping it. Secondly, this is CLATGyan’s theory of
CLAT 2011 and not an official one. So, dont blame us if something we said will not
come, comes. Thirdly, this does not apply to any other entrance exams like SET, NLU O
or NLU D.