Law of Torts PDF

# Law of Torts ## Principal & agent: - Principal is liable for wrongful acts of his agent. ## Company & its director: - Company is liable for the acts of its director. ## Firm & its servants: - Every partner is liable to third party for fraud/negligence of fellows. ## Guardian & ward: - A guar...

# Law of Torts ## Principal & agent: - Principal is liable for wrongful acts of his agent. ## Company & its director: - Company is liable for the acts of its director. ## Firm & its servants: - Every partner is liable to third party for fraud/negligence of fellows. ## Guardian & ward: - A guardian is not personally liable for the act committed by minor ward. ## Liability by abetment: - A person who procures another to commit a tort is himself liable for the consequences. ## Tort against person: 1. Assault 2. Battery 3. Mayhem 4. False imprisonment ## *In rem:* - A right vested in some determinant person & available against the world at large, that is against everybody. ## *In personam:* - The right which is intrigen in the law of torts must be independent of the consent of the party. ## Remedy available in respect of the violation of such right: - The remedy available in respect of such a right should be under the English Common Law. In India, for wrongs in civil courts in India, the remedy is compensatory, that is damages. ## **Civil Law** ### Property Dispute ### Compensation ### Punishment (imprisonment) ## **Criminal Law** ### Tort Feaser ### Tort law (meaves to twist) ## **Law of torts** - A civil wrong for which the remedy is a common law action exclusively for the breach of damages & which is not expressly for the breach of a contract or other merely equitable obligation... (Salmond) ## **Characteristics of tort:** 1. Civil wrong 2. Infringement of right in rem (general) 3. Right fixed by law 4. Common law action 5. Remedy - Tort is a civil wrong where the remedy comes from the tort & is different from crime & breach of contract. - A tort is an infringement of a right in personam. A right in rem & not a right in personam. ## Cyber Torts: - Cyber stalking: Is followed & set to take place where the victim is followed & sued online. - Chat Rooms, emails, discussions forums messages boards. - Cyber Breach of privacy: Is a distinct violation of the right to be left alone. - Cyber Obscenity: Cyber space offers ample opportunity for pornography & women are especially vulnerable & adult predators & pedophiles try to take the maximum advantage of their vulnerable. - Cyber Defamation: Cyber defamation is set to take place when all the ingredients of the tort of defamation are preset & the publication of such deformation can take place. ## Tort: 1. As the nature of wrong: - A tort is a private wrong, it is an infringement of public rights & duty affecting the whole society. - A crime is an indivisible wrong, it affect the whole society. 2. As to the remedy available: - In tort the wrong doer has to pay compensation to the injured party. - In crime, the wrong done is punished by the state, The punishment is given to the offender in order to deter him from committing acts once again. 3. As to the procedures: - Under the law of torts, the proceedings are generally taken & conducted for the injured party himself in the name of ... ## Breach of Contract - Tort is a violation/infringement of right in *rem* (against the whole world). - *Duty:* In tort the duty is imposed by the law & is fixed by the ... The duty is owned generally to the society & it is owned to a definite person. - *Consent:* In tort, the obligation arises independently of any consent. - *Privity:* In contract, there is a privity between the parties. In tort, the privity does not exist. - *Damages:* In tort the measure of damages is not limited or fixed, but is determined according to legal principle or by agreement of the parties. If there are special circumstance, a man may for hard damage, circumstances unknown, which are reliable..., a man may for hard damage. - In contract, the obligation is founded on the parties. - In contract, there is ... # Elements of Tort 1. Wrongful act by the defendant. 2. Legal fault. 3. Legal Damage to the plaintiff. # Liability arising out of special relationship ### Master & Servant - Liability of the servant to the third person. - Liability of the master to the third person - Liability of the master to the servant - Liability of the servant to the master ### Principles based on Master & Servant 1. He who does an act through another, is deemed to do it himself. 2. Respondeat superior: (The superior is held responsible) ## liability of wrongs committed by others (Vicarious liabilities) - Every person is responsible for his own act, but there are circumstances where the liability attaches to a person committed by others. - However, blameless he may be. - **Vicarious liabilities** mean the liability which is incurred for or instread another person. The most common instance of vicarious liability is the liability of the master for wrongs committed by his servants ### **Liability for another’s wrongful act** - Can arise due to: 1. **Authorisation** 2. **Ratification** 3. **Abutment** arising out of special relationships ### **Liability by authorisation** - It's a condition/situation: - Only such act bind a principal by subsequent ratification as were done on his behalf. - The person, ratifying the act, must have full knowledge of its tortious character. - Further ratification must take place. - Acts that are illegal or otherwise void cannot be ratified. ## **Master & Servant** - A driver, after dropping him at his office, goes to buy cigars for his master. The driver, however, wanting to meet a friend of his takes a longer route to the shop than the one which Mr. A was on his way to his friend's place, and the driver, negligently runs down Mr. B. - Mr. A succeeded in getting damages from Mr. B. # When a master is liable for his servant's tort: - The wrong may be a natural consequence during execution of the master’s order. - The wrong may be due to the servant’s negligence in the work when he is employed by the master. - The servant’s tort may consist of careless execution of the master’s behalf with a full lawful authority. # When a master is not liable for his servant’s tort: - When the servant is temporary lent to another person. - If he has been obliged by law to employ a particular person. - If the particular relation between the party is that of a government department and the employee of that department. ## liability of Master to Servant - Under Common law: A master is not liable to servant for injuries during the course of employment, but Master has to take precautions (select competent person, avoid negligence, provide measures). - Under Workmen’s Compensation Act: A master is liable to pay compensation to the workman for accidental injuries/death arising due to employment. ## liability of Servant to Master - A servant is liable to his master for the consequences of his wrongful act & omissions. ## Owner and Independent Contractor - In general, an employer is not liable for the acts and omissions of an independent contractor; but there are eight exceptions. - When the contract is unlawful. - When the employer retains control over the contractor. - When the legal duty of the employer to carry out the work. - When preventive measures are not taken. - When the employer has an implied warranty. - If the employer has an absolute liability. - Under Workmen’s Compensation Act. ## **Liability for Wrongful Acts:** - A servant is liable to his master for acts committed by the servant while acting within the scope of his employment, but the master is not liable for acts done by the servant outside the scope of his employment. For example, if a servant, while on his way to work, commits a tort, his master is not generally liable for the act. However, if the servant was acting within the scope of his employment when he committed the tort (for example, if the servant was delivering a package that the master had asked him to deliver), the master would generally be liable for that act.