Law of Torts Books
1. Overview of Law of Torts
The Law of Torts is a branch of civil law that deals with civil wrongs. A tort occurs when a person’s wrongful act (intentional or negligent) causes harm or injury to another person, their property, or their reputation. Unlike criminal law, tort law is primarily concerned with compensating the victim rather than punishing the wrongdoer.
Key concepts covered in tort law books include:
Definition and nature of torts
Classification of torts (e.g., intentional torts, negligence, strict liability)
Essential elements of torts
Defenses to torts
Remedies (compensation, injunctions, etc.)
Specific torts (trespass, nuisance, defamation, etc.)
2. Popular Law of Torts Books
(A) Salmond & Winfield on Torts
Author: P. J. Fitzgerald, Winfield
Focus: It is one of the most authoritative texts. Covers all principles in detail.
Key Features:
Clear explanation of tort principles.
Extensive case law examples.
Covers general principles like fault, liability, and damages.
Important Case References in the Book:
Donoghue v. Stevenson (1932) – Established modern law of negligence, introducing the “neighbor principle.”
Rylands v. Fletcher (1868) – Strict liability for hazardous things escaping from land.
(B) Ratanlal & Dhirajlal: Law of Torts
Authors: Ratanlal & Dhirajlal
Focus: Very popular in India; provides easy-to-understand explanations of cases and doctrines.
Key Features:
Covers Indian tort law in detail.
Includes case summaries, statutory references, and principles.
Addresses both civil and quasi-criminal torts.
Important Case References:
M.C. Mehta v. Union of India (1987) – Public liability and environmental torts.
Kasturi Lal v. State of U.P. (1965) – Liability of the state for negligence.
Ashby v. White (1703) – Fundamental principle of actionable wrong.
(C) Winfield & Jolowicz: Tort Law
Focus: Analytical approach to the theory of torts.
Key Features:
Focuses on philosophical and theoretical foundations.
Explains duty, breach, and remoteness of damage.
Important Case References:
Caparo Industries v. Dickman (1990) – Duty of care test in negligence.
Bolam v. Friern Hospital Management Committee (1957) – Standard of care in professional negligence.
(D) R.K. Bangia: Law of Torts
Focus: Indian law perspective with practical case studies.
Key Features:
Easy-to-read explanations for students.
Includes examples of torts in Indian context.
Important Case References:
Karnataka SRTC v. Krishnappa (2006) – Liability for motor accidents.
Indian Council for Enviro-Legal Action v. Union of India (1996) – Environmental torts and public nuisance.
(E) Salmond’s Casebook on Torts
Focus: Contains landmark cases and judgments.
Key Features:
Case-centric learning.
Helps in understanding judicial reasoning.
Important Case References:
Hedley Byrne v. Heller (1964) – Negligent misstatement and economic loss.
Tort of defamation – Sim v. Stretch (1936) – Standard for libel and slander.
3. Important Categories and Case Law
Negligence
Donoghue v. Stevenson (1932)
Caparo v. Dickman (1990)
Bolam v. Friern Hospital (1957)
Strict Liability
Rylands v. Fletcher (1868)
M.C. Mehta v. Union of India (1987)
Nuisance
Sturges v. Bridgman (1879) – Private nuisance
Bamford v. Turnley (1860)
Trespass
Entick v. Carrington (1765) – Trespass to property
Cole v. Turner (1704) – Trespass to person
Defamation
Sim v. Stretch (1936) – Libel
Govind v. State of U.P. (1969) – Slander
Vicarious Liability
Lister v. Hesley Hall Ltd. (2001)
Carmichael v. National Power (2000)
4. How to Use These Books
Start with theory – Understand the principles of torts.
Read case summaries – Pay attention to facts, judicial reasoning, and ratio decidendi.
Compare Indian vs. English law – Many books discuss both.
Practice problem-solving – Apply the principles to hypothetical scenarios.
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