Concepts and Essentials of Torts
1. Meaning and Definition of Tort
A tort is a civil wrong for which the law provides a remedy in the form of damages or injunctions. It is a breach of a duty imposed by law, other than a contractual duty, that causes harm or injury to another person.
Key points:
A tort is a civil wrong, not a criminal wrong (though some acts can be both, e.g., assault).
The main remedy in tort is compensation.
Tort law is based on common law principles, with certain statutory modifications.
Example case:
Rylands v. Fletcher (1868) – This case established the principle of strict liability in tort. Fletcher’s coal mine was flooded because Rylands’ reservoir burst. The court held Rylands strictly liable for damage caused by a non-natural use of land.
2. Nature and Scope of Tort Law
Tort law serves several purposes:
Compensation: Provides relief to the injured party.
Deterrence: Discourages wrongful behavior.
Justice: Recognizes and enforces rights.
Flexibility: Adaptable to new situations unlike rigid contract law.
Example case:
Donoghue v. Stevenson (1932) – Established the modern law of negligence and the “neighbor principle.” Mrs. Donoghue became ill from a contaminated bottle of ginger beer. The court held the manufacturer owed a duty of care to ultimate consumers.
3. Essentials of a Tort
For a tort to exist, certain essential elements must be satisfied:
A. Legal Duty
The defendant must owe a legal duty to the plaintiff.
Case law: Donoghue v. Stevenson (1932) – The manufacturer had a legal duty of care to the consumer.
B. Breach of Duty
The defendant must have breached the legal duty through action or omission.
Case law: Vaughan v. Menlove (1837) – Negligence was established because the defendant’s failure to prevent a haystack fire caused damage.
C. Damage or Harm
There must be actual damage caused to the plaintiff.
Case law: Rylands v. Fletcher (1868) – Damage occurred due to the reservoir flooding the mine.
D. Causation
The breach of duty must be the direct cause of harm.
Case law: Barnett v. Chelsea & Kensington Hospital (1969) – A doctor’s failure to examine a patient was not the cause of death because the patient would have died anyway; hence, no liability.
E. Voluntariness
The act must be voluntary. Accidental occurrences without fault may not constitute tort.
4. Classification of Torts
Torts are broadly classified into:
A. Intentional Torts
Acts done with intent to harm another.
Examples: Assault, battery, false imprisonment, trespass to land.
Case law: Cole v. Turner (1704) – Any unwanted touching can amount to battery.
B. Negligence
Failure to exercise reasonable care resulting in harm.
Case law: Caparo Industries v. Dickman (1990) – Established three criteria for duty of care: foreseeability, proximity, and fairness.
C. Strict Liability Torts
Liability without fault.
Case law: Rylands v. Fletcher (1868) – Strict liability for non-natural use of land causing damage.
D. Nuisance
Interference with a person’s enjoyment of land or property.
Case law: Sturges v. Bridgman (1879) – Doctor’s practice was affected by noise from neighbor; the court recognized nuisance.
5. Defenses in Tort
Some defenses reduce or eliminate liability:
Consent (Volenti non fit injuria) – Plaintiff consented to the risk.
Case: Smith v. Baker (1891) – Worker consented to ordinary risks but not negligence; defense failed.
Necessity – Act done to prevent greater harm.
Case: Cooper v. Hobart (2001) – Necessity can justify interference with property.
Act of God – Natural events beyond control.
Case: Nichols v. Marsland (1876) – Flood caused by unusual rainfall excused liability.
Contributory Negligence – Plaintiff partially responsible.
Case: Butterfield v. Forrester (1809) – Plaintiff’s negligence barred full compensation.
6. Remedies in Tort
Compensatory damages: Money to restore loss.
Nominal damages: Small sum where legal right infringed but no real damage.
Exemplary (punitive) damages: Punishment for egregious conduct.
Injunction: Court order to stop wrongful acts.
Case examples:
Halsbury’s Laws of England (Principle) – Injunction granted in nuisance cases like Sturges v. Bridgman.
Conclusion
Tort law is fundamentally about protection of rights, preventing harm, and compensating victims. The essentials—duty, breach, causation, and damage—are key to establishing liability, while defenses can mitigate or nullify responsibility. Case law provides guiding principles to apply these in real situations.
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