Concept of Civil Wrong

Are these acts wrongs ?

A agrees to buy B s house for 10 lakhs. He lakhs. pays the amount but B refuses to hand over the possession of the house. house. l A invites B for dinner at his house. B house. promises to attend the same but does not do it. it. l A, who is starving approaches B and pleads to provide some food. B refuses to food. do so. A falls unconscious and later dies. so. dies.
l

A enters upon B s property without his consent and continues to remain on it even when asked by B to get out of it. A enters upon the property of B injuring the watchman and steals fruits from his garden.

Tort derived from Latin term Tortum which implies conduct that is twisted l Tortious liability
l
l Arises

from a breach of duty fixed by law l This duty is towards persons generally l Its breach is redressed by civil action for unliquidated damages

Essentials of a Tort
l There

must be a wrongful act committed by a person l It must result in legal damage to another l Injury without damage actionable
(injuria sine damno)
l Damage l It

without injury not actionable

(damnum sine injuria)

must give rise to a legal remedy

(ubi jus ibi remedium)

Distinction between a Tort and a Breach of Contract

l

Tort
l l l

Breach of Contract
l l l

Duty imposed by law Violation of a right in

Duty imposed by the parties to the contract Violation of a right in

rem

personam

Damages are unliquidated

Damages are liquidated

Distinction between a Tort and a Crime

l l

Both are violations of rights in rem In both the cases, duties are imposed by law

Tort
l l l

Crime
l l l

Private Wrong Breach of Private Duties Object of action is compensation Individual has to approach a Civil Court for redressal

Public Wrong Breach of Public Duties Object of action is punishing the wrong doer State initiates prosecution against the wrong doer

Kinds of Torts
l

Torts affecting the person

l Assault

intentionally creating an apprehension in another person that force would be used against him l Battery intentional application of force to another without lawful justification l False Imprisonment total restraint on the liberty of the person without lawful justification

Torts affecting reputation

l Defamation

publication of a statement which is false and defamatory by the defendant which refers to the plaintiff
l Libel

defamatory statement which is addressed to the eye and is actionable per se l Slander defamatory statement which is addressed to the ear and is actionable only on proof of damage

Malicious Prosecution
l defendant

instituting prosecution l with malice and without reasonable and probable cause l against the plaintiff thereby affecting his liberty, property and reputation and l the prosecution must have ended in plaintiff s favour

Torts affecting Immovable Property

l Trespass

unlawful entry upon the land of another or unlawful interference with the possession of land of another l Dispossession withholding the possession of land from the rightful owner l Injury to easements injury to a right to support of land and buildings, right to light and air, right to way, right of water and right of privacy

Torts affecting Moveable Property

l Trespass

to goods wrongfully taking goods out of plaintiff s possession or forcibly interfering with the goods l Detention wrongfully withholding the immediate possession of goods from one who is entitled to it l Conversion willful interference without lawful justification with goods in a manner inconsistent with the rights of the owner

Torts affecting both person and property

l Negligence

breach of duty of care owed by the defendant to the plaintiff resulting in harm to the plaintiff l Nuisance unlawful interference with the use or enjoyment of property or with the exercise of common right l Fraud making a false statement knowingly or recklessly with an intention that another should rely and act to his detriment and the other does so act

Remedies
l

ExtraExtra-judicial remedies act of the parties

l Self

Remedies by the

help l Abatement of Nuisance l Distress damage feasant

Judicial Remedies from the Courts

l Damages

Remedies available

pecuniary compensation l Specific Restitution of property l Injunctions (Temporary or Permanent), (Mandatory or Prohibitory)

Damages
l Nominal

damages in recognition of a right l Substantial compensation for the actual loss l Contemptuous marks a disapproval of the plaintiff s conduct l Exemplary punitive in nature

Any Questions ?

Thank you