LAW OF TORTS

Q1: Define ELEMENTS OF TORTS

Definition of Torts: It is admitted on all hands that tort has not been defined satisfactory. The reason for this unsatisfactory state of affairs is not for to seek. They are as under; 1. The law of tort is still growing 2. It is based on common laws and not on statute law 3. It is complicated historically with procedure. There are four elements of Torts: 1. Damage 2. Malice 3. Moti e !. Intention 1. Damage:- In e ery Tort there must be a wrongful act and legal damage or in"ury. Damage is not action able without the co e#istence of in"ury. Damage and damages are not e$ui alent terms. Damages are the compensation in the form of money awarded by court for e ery in"ury% but the damage imports in"ury and is supposed to be companciated by award of damages 2. Mali e:- The word Malice is used in two different senses in the law of Tort a& In its ordinary sense it means ill will% hatred% e il moti e such Malice is called esepren Malice or actual Malice or Malice in fact b& 'egal Malice or Malice in law means a wrongful act done intentionally without "ust cause or e#cuse Malice is an important ingredient to be pro ed in the following four wrongs. i. Defamation an a pri ileged occasion ii. Malicious prosecution iii. In"urious fabehood i . (onspiracy 3. Moti!e)* In irrele ant in the law of Torts. + lawful act cannot become unlawful merely because it is done with an e il moti e. It is the act and not the moti e for act% which is regarded in law. !. "ntention:- 'ike moti e a thing which is not a legal in"ury or wrong is not made actionable by being done with a bad intent. It is no defense to an action in Tort for the wrong doer to plead that he did not intend to cause damage if damage has resulted owing to an act or omissions on his part% which is acti ely the affect of his iolation

Q#: $an a $or%oration sues or &e sue' for Defamation (i!e reason
+ corporation may sue for a liable or any other wrong affecting property or business. It can not maintain an action for personal wrong i*e libel charging the corporation with corporation% for it is only indi iduals and not the corporation in its corporate capacity% who can be guilty of such an offence. ,ut a corporation can howe er% sue for defamation if the world spoken or written is defamatory when directed against an indi idual and damages actual or threatened% arises to the corporation. If a libel or slander affect the management of the trade or business% then the corporation itself can sue. Thus a corporation can sue for defamation if it is charged with insol ency or with dishonest or incompetent management. In short% corporation can sue for may Torts e#cept one of a purely personal nature + corporation is liable for torts committed by its agents or ser ants to the same e#tent as a principle is liable for the torts of his agent% or an employer for the torts of his ser ant% pro ided the tort is committed in the course of doing an act which is within the scope of the powers of the corporation. It may thus be liable for -assault% false imprisonment% trespass% con ersion% libel or negligence. +n unincorporated association of persons has no legal entity and can not sue or be sued as such. .o action against a trade union% whether of work men or masters% or against a trade union% whether of work men or masters% or against any members or officials thereof on behalf of the trade. /nion or it) members as a body in respect of any tortious act alleged to ha e been committed by or on behalf of the trade union shall be entertained in any court% 0.!. Trade disputes +ct. 1123

Q#: Write Short Note:

1. .onfeasance 2. Misfeasance 3. Malfeasance 1. NONFEASAN$E:The term -nonfeasance- applies to the failure or omission to perform some act of which there is an obligation to perform. .onfeasance of a gratuitous undertaking does not impose liability; but misfeasance does. 4here there is a duty towards an indi idual to do a particular act and in"ury is caused to him by a nonfeasance there of this gi es rise to a cause of action to the same e#tent as a misfeasance of some act of which there is a duty to perform in a particular manner. #) M"SFEASAN$E:The term -misfeasance- is applicable to improper performance of some lawful act *) MALFEASAN$E:The term -Malfeasance- applies to the commission of an unlawful act. It is generally applicable to those unlawful acts% which are actionable per se; such as trespass and don not re$uire proof of negligence of malice

Q*: What 'o +ou ,n'erstan' &+ -A$AR"O,S L"A."L"T/ 'is uss essentials of -A$AR"O,S L"A."L"T/ -A$AR"O,S L"A."L"T/:- +s a general rule% a mane is liable only for his own
acts but there are certain circumstances in which liabilities attach to him for the wrong committed by others. This is called icarious liability. i*e 'iability incurred for% or instead of another. The most common instance is the liability of the master for the wrong committed by his ser ants. In these cases liability is "oint as well as se eral. The plaintiff can sue the actual wrong doer himself% be he a ser ant or agent as well as his principle. In the words of 0almond. -In general a person is responsible only for his own acts% but there are e#ceptional cases in which the law imposes on him icarious responsibility for the acts of others howe er blameless himself-. Lia&ilit+ of 0erson: The liability of a person may arise in three ways% namely 1. +s ha ing gi en the authority to commit it or 2. +s ha ing stood in some relation. e*g Master and ser ant; principle and agent% etc and 3. +s ha ing abetted the tortious act 11 Authorit+ to $ommit it: + person may be held liable for ha ing authori5ed another to commit a tort. In such cases he is a "oint tortfeasor and hence liable. In 6regory . 7iper% the defendant employed a laborer to heap rubbish so as to obstruct a right of way claimed by another person but in such a matter as not to touch a wall belonging to him. ,ut the rubbish% being losse% shingled down against the wall. The defendant was held liable for ratification of another8s act. -+gain an act done for another by a person not assuming to act for himself% but for such other person though without any precedent authority% whate er becomes the act of the principal% if subse$uently ratified by him-. In such case the principal is bound by the act% whether that be to his ad antage or otherwise or whether it be founded on a tort or a contract% to the same e#tent as by and with all the conse$uences which follow from the same act done by his pre ious authority. The ma#im is ratihabitio retro*trahitur et mandato priori ac$uiparatur 9e ery ratification of an act relates back and thereupon becomes e$ui alent to a pre ious re$uest&. #1 As ha!ing stoo' in some relation: 0uch liability arises in the following cases) i. Master and 0er ant ii. :wner and independent contractor iii. 7rincipal and +gent i . (ompany and Director . ;irm and 7artner and i. 6uardian and ward +s master is liable for the tort committed by his ser ant in the latter8s employment. +s pre iously stated% the act need not be to the master8s benefit and the act need not be pre iously authori5ed by the master *1 As ha!ing a&ette' the Tort: Those who abet the wrong are as much liable for it as those who do it. + person who procures the act of another is legally responsible for it conse$uences i. If he knowingly and for his own ends induces that other person to commit an actionable wrong or

ii. 4hen the act induced is within the right of the immediate actor and therefore not wrongful so far as the actor is concerned% but is detrimental to a third party and the inducer procures his ob"ect by the use or illegal means directed against that third party

<!) DI0+,I'IT= to use to be /sed

+ll persons are entitled to sue in torts. This howe er is a general rule and is sub"ect to se eral e#ception. ;ollowing are e#ception who can not sue 1. (on ict 2. +lien >nemy 3. (orporation !. /n Incorporated +ssociation ?. Infant 3. Insol ent 1. $ON-"$T: + con ict sentenced to death or penal ser itude. 4ho is not lawfully at sue for any in"ury to his property or for reco ery of debt. +t common law a con ict may sue for personal wrong such on assault or slander. + felon who is sentenced to period of imprisonment may sue for tort to his property 2. AL"EN ENEM/:+lien enemy means a person of enemy nationality or a person residing in a enemy territory what e er may be his nationality. @e can not sue in his own right. ADambl s ,raune 91B?3& 1 @...1CBD. +lien enemy in 7akistan can sue with the permission of federal 6o ernment 3. MARR"ED WOMAN:+t common law a married woman could not sue unless her husband was "oined as plaintiff. /nder the section 2! of the married woman property act 1BB2% she could sue in tort in all respect if she was a female sole. + wife can not sue her husband for a tort nor can a husband sue his wife on the couple is reckoned as one person in law. 0he can maintain an action against her husband for her separate property but husband has no such corresponding right against her In 7akistan the nation of the legal identity between husband and wife does not apply and therefore an action in tort by one against other is maintainable !. $OR0ORAT"ON: + (orporation can not maintain an action for personal argons for by its ery nature such in"uries cannot be inflicted on a corporation. ,ut a corporation can sue for a libel affecting its property or business. ;or e#ample. 'ibel charging the corporation with corruption% for it is only indi idual and not the corporation in its corporate capacity who can be guilty of such wrong. + (orporation can sue against% his agent or ser ants pro ided that tort is committed for an action which is with in this scope of the power of corporation. It may this be liable for assault% torts imprisonment tree pass% con ersion% libel or negligence ?. ,N-"N$OR0ORATED ASSO$"AT"ON: +n /n incorporated association% which was not registered as an association at the time of publication of an alleged libel% can not sue for the libel and it cannot sue after incorporation for the in"ury alleged to be done to its members before it was incorporated. 3. "NFANT: +n infant cannot maintain an action for in"uries sustained while -en enture se mare- an infant may the for any wrong done to him but this he can do with the help of

his reset friend C. "NSOL-ENT: Torts against an in sol ent must be di ided in to tort to the person and tort to the property. +n insol ent cannot sue against tort to his property. ,ecause right of action panes to the official assignee or recei er for the benefit of his creditors. +n insol ent can sue for the action which is against his reputation or feeling such as assault or definition or reductions of a ser ant

Q2: Who are the 0ersons that annot &e sue' an a tion for Tort3
The following cannot be sued) i. i& 0o ereign ii. ;oreign 0o ereign iii. +mbassador i . 7ublic :fficiates . Infants and 'unatics i. Married 4oman ii. Trade /nions 1. SO-ERE"(N: It is ancient and fundamental principle of the >nglish constitution that the Eing can do no wrong. + tort done by him is not maintainable% according to the -(rown proceedings +ct 11!C- the crown shall be sub"ect to all the kind of liabilities in tort. a& In respect of tort committed by its ser ant or agents pro ided that act of ser ants or agents would be apart form the act% hare gi ing rise to a cause of action in tort against that ser ant or agent or against his estate. b& In respect of any breech of those duties which a person owes to his ser ant or agent a common law c& In respect of any breech of duties% attaching at common law to the ownership occupation% possession or control of property 2. FORE"(N SO-ERE"(NS:+mbassadors with their amities and ser ants cannot be sued unless they their sel es submit to the "urisdiction of the court. It should howe er be noted that diplomatic pri ilege does not gi e immunity from legal liability but only e#empt then from local "urisdiction 3. 0,.L"$ OFF"$"AL:7ublic official cannot sued in their representati e capacity for tort committed by them or their subordinates. ,ut if they act out side their lawful powers% they are liable. They may be sued in their pri ate capacity for torts committed by them. 7ublic official are not personally liable for he wrongs of their subordinate unless e#pressly authori5ed or satisfied and ser ant between the superiors official and his inferiors !. "NFANTS AND L,NAT"$S: Infancy is no bar to an action of tort brought against an infant. ,ut intension% knowledge% malice or some other condition of mend of the wrong doer is good defense ?. A L,NAT"$: +ccording to common law married woman cannot be sued unless her husband was "oined with her as a defendant% because the wife cannot be sued alone% under the Married woman property +ct 1BB2% a married woman could be sued in tort as if she were a fame sole and her husband need not be "oined with her as defendant. 3. 0ALE LAW: In 7akistan under the -Married 4oman property +ct 1BB2- a married woman may sue or be sued "ust as fame sole. ,ut this act does not apply to @indus ,uddhists% 0ikh% Fains and Muslims. There communities are thereof 6o erned by their personal law% under the personal laws a woman as such can sue and be sued for torts. C. TRADE ,N"ONS:+ccording to -@ouse of lords- a trade union though not a corporate body could be sued for wrongful act of its officials. ,ut according to -Trade dispute +ct. 1123 section 2!- an action against a trade union or against any member or official in

respect of any tortions act shall not be entertained by any court. +ccording to the -industrial relations ordinance 1131- a trade union may be registered. If it is registered it may be sued on its registered name if it is not no registered any one or more of its member may be sued on behalf of all members of union

Q4: Define DAMN,M S"NE "N5,R"A:

This ma#im means damage without infringement of any legal right. ,y damnum is meant damage in the substantial series of money% loss of comfort% de ice health or the like. ,y in"uria is meant a tortions act% it need not be a willful and or malicious for though it be accidental% if its is tortieres% an action will lie. 4here there is no infringement of legal rights% the mere fact of harm or loss resulting from an act or omission will not render such act or omission wrongful e en though the loss is substantial and e en irreparable. Damage this suffered in the absence of the iolation of any legal right is known as damnum sine 9or abse$ue& in"uria. In order to make a person liable in law there must% thereof be present the element of in"ury. Damage without in"ury 9Damnum sine in"uria& is not actionable. There are many acts which though harmful are to wrongful and thereof gi e rise to no right of action in fa or of the person who sustain the harm. .o one is to be considered a wrong doer who merely arils himself of his legal right. Though his action% may result in damage to another. @ence the dictum -you must ha e in our law in"ury as well as damageIn case of ;damnum sine in"uria8 i*e actual or substantial loss without infringement of any legal right% no action lies. Mere loss in money money8s with does not% of itself% constitute legal damage. The most terrible harm be inflicted by one man to another without legal redress being obtainable. There are many act which% though harmful are not wrongful and gi e no right of action. Thus if a has a mill% and there by the profits of as mill fall off. + cannot bring an action against other indi idual. =et a has suffered damage. ,ut if a miller hinders the water from running as mill or causes any other like nuisance a shall such action as the law gi es. 0rin i%le of the Ma6imum: The case illustrati e of the ma#im are based an arious grounds but the general principle seams to be that the e#ercise of ones own common or ordinary rights with in reasonable limits does not ground an action in tort merely because it causes damage to another. 0a7istan La8: The same rule is followed in 7akistan "n9uria sine 'am num :or 'am no1: This ma#im is "ust the re erse of the ma#im discussed abo e. The ma#im means this whene er there is an in asion of a legal right the person in whom the right is ested is untilled to bring an action and may reco er damages although he has suffered no actual harm. 4here a tort% is actionable although it has been the cause of no damage% it is a case of in"uria sine dam num 9i*e infringement of legal right without damage&. +ctual perceptible damage is not therefore% indispensable to the foundation of an action. It is sufficient to show the iolation of a legal right in which case the law will presume damage. Thus in case of assault% battery% false imprisonment% trespass on land etc% the mere wrongful act is actionable without proof of special damage. ;or by the law of >ngland e ery in asion of pri ate property% be it how so e er minute% is a tress pass though the damage is nothing. The important condition of liability is that there must be some damage i*e loss of money% comfort% health etc and secondly that the damage was that of in"uria i*e some unauthori5ed interference% howe er% tri ial% with some right conferred be law upon the person wronged. Illustration: ,anker ha ing sufficient amount% refuse to honor the che$ue + returning officer wrongfully refuse to register for ote

Gesult)*The result of two ma#ims is that there are mortal wrongs for which the law gi es no legal remedy though they cause great loss or detriment. +nd on the other hand% there are legal wrongs for which the law does gi e a legal remedy though there only iolation of a pri ate right% without actual loss or detriment in the pasticuter case ,." 5,S "." REMED",M) (losely connected with the topres of 8dam num sine in"uria8 is the ma#im 8ubi "us remedum8. This ma#im means that when e er there is legal right there is legal remedy. :r as it is something e#pressed there is no wrong authority to demand reparation and 8remedum8 means the right of action There is no 8rong 8ithout a reme'+:- The principle is that if a man has a right% he must of necessity ha e a means to i ificate or maintains it and a remedy% if he is in"ured in the e#ercise or en"oyment of it% and it is ain thing to in gi e a right without a remedy are reciprocal. It must not be for so then that in such a case% both the right infringed and the remedy sought should be legal. There can be no remedy for wrongs which are moral or political or religious etc Gesult)* The result of two ma#ims is that there are moral wrongs for which the law gi es no legal remedy though they cause great loss or detriment and on the other hand% there are legal wrongs for which the law does gi e a legal remedy though there only iolation of a pri ate right% without actual loss or detriment in the particular case.

Q;: What is meant 5,D"$"AL A$T 8hat reme'+ of an+ is %ro!i'e' for 'amage ause' to a %erson arising from su h a t 9u'i ial a%a it+:
.o action will like against a "udge for any acts done or word spooking in his "udicial capacity in a court of "ustice% this is non an "udicial act% this roll of "udicial immunity is founded on the principle of public benefit that "udge as should be act liberty to e#cused their functions with independence and without fear of conse$uences% this is so e en of his moti e is malicious% for the remedy of "udicial errors is some form of appeal to high courts and the remedy for "udicial craption% is criminal prosecution or remo al of the "udges but in mither case is he called to defend his "udgment% in a ci il court% the same immunity which is en"oyed by the "udges is e#tended to the members of na el and military courts martial and court of in$uires% arbitrators% "urymen% coroners% in India and 7akistan% the principle of immunity has be in acted in the "udicial officer protection act 1B?2 but no distention has been maintained on this act between superior and interior courts% no "udge or other person acting "udicially shall be liable to be sued in any ci il courts for any act done by him% in the discharged of his official or "udicial duty waiter or not within limit of a "urisdiction pro ided than he at time in good faith% belie ed him self to ha e "urisdiction to do or order the act complain of following members ha e also same immunity as of "udges 1. Members of .a el and Malti (ourt march +llah and court of in$uire% constituted according to meltri law en"oy the same immunity as "udges. Furyman% an action does not like against a "uryman% for a rang erdict 2. (oroner) + coroner as a "udicial official and no action lies against him for any matter done by him in the e#ercise of his "udicial function 3. +rbitrators) To hum the party by consent ha e consent to be their "udges shall ne er be arranged more than any other "udges% arbitrators of the act honestly or not liable to errors% in "udgment or for negligence in the discharge of the duties enterstrated to them but they are liable if they ha e be crept. .ote)* 0ection CC of 7akistan 7enal (ode and 11C of (G7( also gi es protection to "udges and public office and period

Q<: Distinguish .et8een .ATTER/ an' ASSA,LT in $ir umstan es ma7e assault an' .atter+ &e 9ustifie'

8hat

+ssault% an assault is attempt or offer to apply force to the person making the attempt to the person of an other directly or in directly if the person making the assampt of offering causes the other to due he belie ed on reasonable grounds that he as the present ability to e#ecuti e his purpose to constitute and assault there must be an assampt or actual threat to used alance Assault 1. In assault there is more threat of impendent application for force 2. 4ere the threat does not material 'ise there is assault only 3. +ssault for the actual application of force must be prescribed by comprehension anticipation of intendment force .atter+ 1. Mr. 4in filed describes the battery as internal application of force to an other person 2. The accomplishment of the threat precipitates is battery were it material 'ise battery also steps in 3. > ery act impgnent as battery shall comprehend as a state president

A $ASE LA"D DOWN ./ T=E FLE>,RE -ERSES RA/LAND:;le#ure% 7erches the land at >ngland and who want to ad"ust the coal mine% than his worked started as then worked finished% Mr. ;le#ure is ery satisfied in his work his coal mind doing ery well known days Mr. Gayland perches the laid behind Mr. ;lasher coal Mind% for fish plant purpose% who take the all responsibility his contractor% that time contractor ery famous in his regime% worked start his fish plan Mr. Gayland goes to fish plant and told ci il contractor% worked state after few day Gayland fish plant under construction% one think that only one @ole is encarge in his plant% he concealed to Mr. ;latcar coal mind% that think is ery damagers for coal mind% but ci il contract take the negligence and who say his labor include the simit at @ole and close% there is ery dangers matter% after few day fish plant is complete% and ci il contractor stated the water plant after few day water is so increase% it is ery default to stop water take a way to mo e any were% that is the reason water con ert the @ole% @ole is connect the ;le#ure (oal Mind% reason of this he lose his all stoke think Mr. ;lacter take the action about his trams and condition% sue against Mr. Gayland for damages% he told the honorable court% this is ery large negligence% reason% i lose my in estment% i want to damages against Mr. Gayland Mr. Gayland told the @onorable court i am not in ol e this negligence. I take the full charge ci il contractor who take negligence% it is on mistake this in not my mistake% but the court said you are owner of this property why you not isit your under constriction fish plant% this is not reason for pro ing. The honorable court sign the degree in fa or of Mr. ;letcher% told Gayland you must submit the damages% because of this you are owner of this property T=E $ASE LA"D DOWN ./ T=E S=AR0 -ERSE 0OWAL:Mr. 7awl 6rin Merchant man% that the time has a many property% take a industries 0tumble. >#port works% at the time being Mr. 7awl his ser ant worked at his laid due to his maintain% lenition of his con ince after night% who clean his car by the water% who use water limited condition% but after ne#t day% Mr. 0harp going on his laid side with his hours who mo e his horse% water inlock on Mr. 7awl laid side reason of this horse down his legs and who in"ured% Mr. 0harp in a trabul who loss his horse% horse is unable to ser e his duties. Mr. 0harp sue against the Mr. 7awl why his ser ant take negligence% why water is inlock on laid side% and i was goes my normal routine% reason of this my horse is in"ured by the water lock area% and horse unable to work% so kindly gi e me damages against Mr. 7awl. Mr. 7awl told the @onorable court this is not my ser ant negligence it is nature incident% my ser ant but who doing not useless but is is sadden @onorable court sing the degree about Mr. 7awl and he tale this is not his mistake of his ser ant LA"D DOWN T=E $ASE ./ MA$ MAN -ERSES ESTAN RA"LWA/:This is case laid down started by the Mac Man who goes to Gailway line% at the time being train came one this line% Mr. Ma# in a tribe% and who pickup the dump at indi idual

side if he denied his circumstance he become a dead% but Mac man on his security to "ump reason of this he was in"ured% than who goes to Dr. Ibrat and he told this situation and stated his treatment% they treatment going on many days% and Mac man told Dr. Ibrat. 7lease gi e me Medical (ertificate and Dr. Ibrat take the certificate. Mr. Mac man sue the case against estan railway% when who take the negligence% who not take the emergency action% why railway inta5amia not take the suitable effect because of this I am ery in"ured from the >stan Gailway Inelegancy. I want damages against >stan Gailway who gi e me my all treatment payment% and sue for damages% >stan Gailway not pro ed his self and @onorable (ourt issue degree for Mr. Mac Man fa or. LA"D DOWN T=E $A,SE OF AS=./ WAS W"TE: +shby indi idual person when that time election prosegur state and who came at election 7eriod and who gi e is personal won8t it is necessary for person because of this he stay in his regime% it is part of duty but at the time Mr. 4hite told that person you gi e the won8t of by candidate he insist but who no satisfied told that person why are you incarage me it is my personal% problem but Mr whit cannot understand% when Mr. +shby not used his personal won8t in that conciliation. ;urther who take the action against Mr. +shby sue for damages for the @onorable (i il (ourt Mr. +shby mention his case why Mr. 4hite incarage me it is my on meter% what I want% this no limitation for insisting for the election time% there for I want to damages against Mr. 4hite. Mr. 4hite told @onorable (i il (ourt Mr. +shby tale the action against me% sir it is not reason because of this his candidate also win% before my candidate% it is not reason to sue against me. ,ut the honorable court say that why you incarage and say that please you take the ote my candidate% it is totally illegal% you are hereby inform that you submit the damages it is your negligence A $ASE LA"D DOWN ./ T=E MR)-"NSON -ERS,S MR)0"$AL Mr. 7ical stay of >ngland% after the time% who purchase the land at his "udicial side% and who wants to deferent seasonal crops% his side around the laid there is also an other owner Mr. Hinson who ha e made wells on his land% because of wells and the lecage of water of 7ical land is become with 0im and going to not able of punctuate crops and also blackmails% Mr. 7ical for purchasing of land with double market rates% but 7ical not agreed with him and want in court for legal "ustice% but the court decided that amen whose owner% he can do any thing on his property% after decision of court he further black mailed 7ical for purchasing of fourth times of market rants% and finally Mr. 7ical decided to take% and Mr. 7ical taken that know Mr. 7ical only owner of that whole laid.

"NDE>
Q1: Define Elements of Torts) Definition of Torts) There are four elements of Torts Damage Malice Moti e Intention Q#: $an a $or%oration sues or &e sue' for 'efamation) (i!e reason) Q*: Write Short notes) .onfeasance Misfeasance Malfeasance Q?: What 'o +ou un'erstan' &+ !i arious lia&ilit+ 'is uss essentials of !i arious lia&ilit+) Hicarious 'iability Q@: Disa&ilit+ to use to &e sue' on!i t +lien >nemy Married 4oman + (orporation /n Incorporated +ssociation +n Infant In 0ol ent Q2: Who are the %ersons that annot &e sue' an a tion for tort3 Q4: Define DAMN,M S"NE "N5,R"A) Q;: This Ma6im means 'amage 8ithout infringement of an+ legal right "llustration: ,." 5,S "." Reme'ium

These is no 8rong 8ithout a reme'+