Tort Law Overview

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Questions and Answers

What is the primary mechanism provided by the law of torts for redressal of civil wrongs and injuries?

Punitive damages

Injunctions

Criminal penalties

Compensations (correct)

In which legal system did the law of torts originate?

Roman law

English common law (correct)

French civil law

Indian customary law

What significant aspect of tort law remains unchanged in India?

Judicial interpretation of cases (correct)

Legislative amendments every year

Application of criminal law

Codification of all torts

Which of the following includes principles for claiming compensation in tort law?

Consumer Protection Act Signup and view all the answers

Which of the following is NOT a reference book for understanding tort law?

Introduction to Criminal Law Signup and view all the answers

Which area does NOT involve codification in the law of torts in India?

Contract Law Signup and view all the answers

What is primarily necessary for students to learn according to the objectives of tort law?

Understanding and applying principles of cases Signup and view all the answers

Which of the following topics is covered under law of torts?

Trespass to the person Signup and view all the answers

What was the outcome for the doctor after he attempted to rescue two workmen from the well?

He died on the way to the hospital. Signup and view all the answers

What key legal principle was upheld regarding the doctor's actions in relation to the defendants' negligence?

The defendants were liable as the rescuer's actions were foreseeable. Signup and view all the answers

In the case of Hyett v Great Western Railway Co, what was the plaintiff attempting to rescue?

The defendant's railway cars from a fire. Signup and view all the answers

How does the concept of 'volunti non fit injuria' differ from contributory negligence?

Volunti non fit injuria is a complete defense in tort law. Signup and view all the answers

What does 'novus actus interveniens' refer to in the context of legal causation?

An intervening act that breaks the chain of causation. Signup and view all the answers

What differentiates a tort from a criminal wrong?

Victims in tort cases can sue for damages. Signup and view all the answers

Which of the following accurately describes when an act is considered a tort?

If it results in compensable damages but is not a breach of contract. Signup and view all the answers

Which statement about the nature of torts is true?

Victims of torts can seek damages through civil action. Signup and view all the answers

What is required for an action to be classified as a tort?

It must be redressible by unliquidated damages. Signup and view all the answers

In the example provided, what are the two wrongs committed by B?

Breach of contract and negligence. Signup and view all the answers

If a civil wrong is classified as a mere breach of contract, what can be concluded?

It cannot be redressed by tort law. Signup and view all the answers

In legal terms, what does 'redressible' refer to in the context of torts?

The ability to compensate damages. Signup and view all the answers

Which of the following statements is true regarding torts and crimes?

A single act may lead to both tort and criminal charges. Signup and view all the answers

Who initiates proceedings in the case of a crime?

The State Signup and view all the answers

What is the primary remedy for tort in comparison to crime?

Monetary compensation Signup and view all the answers

Which of the following statements is true about compromise in tort and crime cases?

In crime, compromise may only be allowed in certain cases. Signup and view all the answers

What distinguishes the duties involved in tort from those in breach of contract?

Tort duties are imposed by law. Signup and view all the answers

Which of the following is considered a public wrong?

Theft Signup and view all the answers

How does imprisonment differ under criminal law compared to civil law?

Imprisonment in civil law is to ensure compliance. Signup and view all the answers

Which of the following best describes the nature of remedies in criminal law?

They are primarily punitive in nature. Signup and view all the answers

What is a significant difference between tort and crime regarding individual rights?

Torts are exclusively civil matters. Signup and view all the answers

Who is entitled to sue against a wrongdoer in a contract situation?

Only the injured party involved in the contract Signup and view all the answers

What is the basis for the duty owed by parties in a contract?

Privity of Contract Signup and view all the answers

In the case Donoghue v Stevenson, what issue did the House of Lords address?

The scope of duty owed to consumers Signup and view all the answers

What type of damages can be claimed in tort cases?

Unliquidated damages Signup and view all the answers

If 'C' sustained loss due to a breach of contract between 'A' and 'B', what is 'C's legal standing?

C cannot sue as they are a stranger to the contract Signup and view all the answers

What is the primary difference in the source of duty between tort and contract?

Tort is based on duty imposed by law; contract is based on privity Signup and view all the answers

How are damages assessed differently between tort and breach of contract?

Contract damages may be liquidated; tort damages are unliquidated Signup and view all the answers

What is a key point established by the case of Donoghue v Stevenson?

Manufacturers owe a duty of care to consumers Signup and view all the answers

Study Notes

Tort as a Civil Wrong

Tort is a civil wrong, which is different from criminal wrong.
In a civil wrong, the victim (plaintiff) sues the wrongdoer (defendant) for damages.
The plaintiff is compensated for the injury caused.
In a criminal wrong, the state prosecutes the criminal, and the victim may not receive compensation.
Some acts can be both civil and criminal wrongs, leading to both compensation and punishment.

Tort is Other Than a Mere Breach of Contract or Trust

Tort is not all civil wrongs.
If wrong is a mere breach of trust or contract, it’s not a tort.
To determine if a civil wrong is a tort, consider if it is a breach of contract or trust.
If it's neither a mere breach of contract nor trust, it’s a tort.
A single transaction can be multiple civil wrongs, one potentially being a tort.
For example, a horse owner allowing a horse to die from starvation may be both a breach of bailment contract and negligence under tort.

Tort is a Private Wrong and Crime is a Public Wrong

In tort, the injured party brings a suit against the wrongdoer.
In crime, the state initiates proceedings against the wrongdoer.
In tort, the injured party can compromise with the wrongdoer and withdraw the case after settlement.
In crime, compromise outside court may not be possible in all cases unless the law allows it.

Tort and Crime Difference Table

Crime	Tort
Public wrong	Private wrong.
Elements may vary from crime to crime	Elements are determined.
The proceedings against the accused brought by the State	Injured party himself files a suit against the wrongdoer.
No place for settlement, except in some cases	Compromise can be done at any stage of the case between the parties
Remedy is none other than punishment, except U/s 357 of Cr PC, paid out of fine	Remedy is monetary compensation
Imprisonment and arrest as penalty	Imprisonment and arrest as pressure to perform the duty

Tort and Breach of Contract Distinguished

Breach of contract arises from violating a duty undertaken by the parties themselves through a binding agreement.
Tort involves breach of duties imposed by law on everyone, not those voluntarily undertaken by the parties.
For example, the duty not to cause a nuisance or defame others is not based on a contract but a legal obligation.
Duties under tort law are general, applicable to society at large, but the injured party alone can sue.
In contract law, the duty is based on the "privity of contract", obligating each party only to the other party, not outsiders.
The landmark case Donoghue v Stevenson (Ginger beer case) clarifies the distinction between privity of contract and tort law.
In tort, damages are unliquidated (determined by the court), while in contract law, damages may be liquidated (agreed on by the parties).

Privity of Contract and Tortious Liability

If 'A' and 'B' enter a contract and 'C' suffers loss due to 'A' and 'B' violating the contract, can 'C', as a stranger, sue 'A' or 'B'?
Haynes v Harwood, a case involving a rescuer's injury due to an employer's negligence, demonstrates the concept of novus actus interveniens.
This case illustrates the potential liability of a party if the actions of a rescuer were a natural probable consequence of the party's negligence.
Hyett v Great Western Railway Co further shows the "rescuing property" application for the doctrine established in Haynes v Harwood.

Volunti non fit injuria and Contributory Negligence - Distinguish

Volunti Non Fit Injuria (voluntary assumption of risk) is a complete defense.
Contributory negligence is a partial defense.

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Description

This quiz explores the concept of torts as civil wrongs, distinguishing them from criminal wrongs. It covers key principles such as compensation for injury, the relationship between torts and breaches of contract or trust, and examples of tortious actions. Test your understanding of tort law through this informative quiz.