Torts and Easement Torts and Easement for LLB first Year Q: 1 Define and discuss the term

tort(s) in detail

Tort law is a branch of the law which covers civil wrongs such as defamation and tres!assing among man" other transgressions# $nder tort law if someone suffers a !h"sical legal or economic harm he or she ma" be entitled to bring suit# %f the suit is deemed valid damages (&om!ensation) ma" be awarded to the victim to com!ensate for his or her troubles# 'ost tort laws are found in regional state and national civil codes which often s!ell out limits on damages and the statute of limitations for tort cases# 'an" !eo!le divide tort law into three rough categories: (egligent torts %ntentional torts and )trict liabilit" torts# Torts arising out of negligence are civil wrongs caused b" negligent behavior or a failure to !ractice due diligence# *or e+am!le if "ou are !la"ing soccer in the street and "ou accidentall" ,ic, the ball through someone-s living room window this ma" be a negligence tort# 'edical mal!ractice and other forms of !rofessional negligence are also covered under the umbrella of negligence torts# %ntentional torts are torts which involve a deliberate attem!t to harm# Defamation is often viewed as an intentional tort as is batter" fraud false im!risonment and interference with the economic o!erations of a com!an"# )trict liabilit" torts cover !roduct liabilit". if a !otato !eeler ta,es "our finger off when "ou o!erate it as directed the manufacturer could be liable#

/here one !erson transfers or be0ueaths immovable !ro!ert" to another 11(a) if an easement in other immovable !ro!ert" of the transferor or testator is necessar" for en2o"ing the sub2ect of the transfer or be0uest the transferee or legatee shall be entitled to such easement. or (b) if such an easement is a!!arent and continuous and necessar" for en2o"ing the said sub2ect as it was en2o"ed when the transfer or be0uest too, effect the transferee or legatee shall unless a different intention is e+!ressed or necessaril" im!lied be entitled to such easement. (c) if an easement it the sub2ect of the transfer or be0uest is necessar" for en2o"ing other immovable !ro!ert" of the transferor or testator the transferor of the legal re!resentative of the testator shall be entitled to such easement. or (d) if such an easement is a!!arent and continuous and necessar" for en2o"ing the said !ro!ert" as it was en2o"ed when the transfer or be0uest too, effect the transferor or the legal re!resentative of the testator shall unless a different intention is e+!resses or necessaril" im!lied be entitled to such easement#3 where a !artition is made of the 2oint !ro!ert" of several !ersons 1 1 (e) if an easement over the share of one them is necessar" for en2o"ing the share of another of them the latter shall be entitled to such easement or (f) if such an easement is a!!arent and continuous and necessar" for en2o"ing the share of the latter as it was en2o"ed when the !artition too, effect he shall unless a different intention is e+!ressed or necessaril" im!lied be entitled to such easement# The easements mentioned in this section clauses (a) (c) and (e) are called easement of necessit"# /here immovable !ro!ert" !asses b" o!eration of law the !ersons from and to whom it so !asses are for the !ur!ose of this section to be deemed res!ectivel" the transferor and transferee# %llustrations

(a) 4 sells B a field then used for agricultural !ur!oses onl"# %t is inaccessible e+ce!t b" !assing over 45s ad2oining land or b" tres!assing on the land of a stranger# B is entitled to a right1of1wa" for agricultural !ur!oses onl" over 45s ad2oining land to the field sold# (b) 4 the owner of two fields sell one to B and retains the other# The field retained was at the date of the sale used for agricultural !ur!oses onl" and is inaccessible e+ce!t b" !assing over the field sold to B# 4 is entitled to a right1of1wa" for agricultural !ur!oses onl" over B5s field to the field retained# (c) 4 sells B a house with windows overloo,ing 45s land which 4 retains# The light which !asses over 45s land to the windows is necessar" for en2o"ing the houses as it was en2o"ed when the sale too, effect# B is entitled to the light and 4 cannot afterwards obstruct it b" building on his land# (d) 4 sells B a house with windows overloo,ing 45s land# The light !assing over 45s land to the windows is necessar" for en2o"ing the house as it was en2o"ed when the sale too, effect# 4fterwards 4 sells the land to &# 6ere & cannot obstruct the light b" building on the land for he ta,es it sub2ect to the burdens to which it was sub2ect in 45s hands# (e) 4 is the owner of a house and ad2oining land# The house has windows overloo,ing the land# 4 simultaneousl" sells the house to B and the land to &# The light !assing over the land is necessar" for en2o"ing the house as it was en2o"ed when the sale too, effect# 6ere 4 im!liedl" grants B a right to the light and & ta,es the land sub2ect to the restriction that he ma" not build so as to obstruct such light# (f) 4 is the owner of a house and ad2oining land# The house has windows overloo,ing the land# 4 retaining the house sells the land to B without e+!ressl" reserving an" easement# The light !assing over the land is necessar" for en2o"ing the house as it was en2o"ed when the sale too, effect# 4 is entitled to the light and B cannot build on the land so as to obstruct such light#

(g) 4 the owner of a house sells B a factor" built on ad2oining land# B is entitled as against 4 to !ollute the air when necessar" with smo,e and va!ours from the factor"# (h) 4 the owner of two ad2oining houses Y and 7 sells Y to B and retains 7# B is entitled to the benefit of all the gutters and drains common to the two houses and necessar" for en2o"ing Y as it was en2o"ed when the sale too, effect and 4 is entitled to the benefit of all the gutters and drains common to the two houses and necessar" of en2o"ing 7 as it was en2o"ed when the sale too, effect# (i) 4 the owner of two ad2oining buildings sells one to B retaining the other# B is entitled to a right to lateral su!!ort from 45s building and 4 is entitled to a right to lateral su!!ort from B5s building# (2) 4 the owner of two ad2oining buildings sells one to B and other to &# & is entitled to lateral su!!ort from B5s building and B is entitled to lateral su!!ort from &5s building# (,) 4 grants lands to B for the !ur!ose of building a house thereon# B is entitled to such amount of lateral and sub2acent su!!ort from 45s land as is necessar" for the safet" of the house# (l) $nder the land ac0uisition act 189: a railwa" com!an" com!ulsoril" ac0uires a !ortion of B5s land for the !ur!ose of ma,ing a siding# The com!an" is entitled to such amount of lateral su!!ort from B5s ad2oining land as essential for the safet" of the siding# (m) ;wing to the !artition of 2oint !ro!ert" 4 becomes the owner of an u!!er room in a building and B becomes the owner of the !ortion of the building immediatel" beneath it# 4 is entitled to such amount of vertical su!!ort from B5s !ortion as is essential for the safet" of the u!!er room# (n) 4 lets a house and grounds to B for a !articular business# B has no access to them other than b" crossing 45s land# B is entitled to a right1of1wa" over that land suitable to the business to be carried on b" B in the house and grounds# &omments

<eneral: )ection 1= deal with the ac0uisition of easements of necessit" and 0uasi1easement# These easements arise on the severance of tenements# The" are said to be created b" im!lied grant# /hen the vendor sells a !art onl" of his heritage so that the effect of the sale is to divide the original heritage into two !arts one !art remaining with the vendor and the other !art !assing to the vendee the deed of conve"ance generall" recites the rights and liabilities of the res!ective !arts according to the common resolution of the vendor and vendee# 6owever this list of rights and liabilities though sometimes ver" long does not alwa"s include certain rights and liabilities law would deem e+!edient to fi+ u!on the !arties in the absence of an" s!ecific e+!edient of their common intention# )uch rights and liabilities historicall" arose in England mainl" as a conse0uence of the doctrine that a grantor cannot derogate from his grant# The easement of necessit" was 2ustified on the legal theor" that no grant could intend to alienate with is absolutel" necessar"# The rights and liabilities here referred to are easement rights and corres!onding easement obligations# The easements in 0uestion did not e+ist as easement !rior to the act of severance of the heritage and are brought into e+istence !urel" b" the fact that the heritage is divided and constituted into two se!arate heritages is divided and constituted into two se!arate heritages and when such easement are brought into e+istence the" e+ist in favour of one newl" constituted heritage and against the other newl" constituted heritage# To ta,e a concrete e+am!le if he owner of a certain field who irrigates his entire field b" ta,ing water from a well situated within field sells a !art of the field not containing the well but retains the !art containing the well the 0uestion would naturall" arise whether the !urchaser has right to ta,e water from the vendor5s well to irrigate his !art# %f the !arties have settled his 0uestion b" s!ecific mention in the deed of conve"ance their common intention as so e+!ressed must be given effect to# But if the deed of conve"ance contains no reference to this !oint law would grant to the !urchaser of the !art1heritage an easement in favour of the said !art heritage to ta,e water from the

well situated in the other !art1heritage retained b" the vendor# 4ccording to the case of 'uhammad >am?an v# (aseer Beg 198@ &L& 1AAA the !laintiff must not onl" !rove e+istence of right of easement at the time of transfer of !ro!ert" to him but also such right being necessar" for en2o"ing transferred !ro!ert"# >i!arian rights: The abutment in bed of ravine for delivering water to bund u!stream was not e+tending be"ond middle of bed of ravine# The lower ri!arian could not be de!rived of his natural right# The rule relating to the user and flow of water in a natural defined stream to which ever" ri!arian owner had a natural right stared# BLD 18C8 Besh# 1AC#