Prepared byABHISHEK KAKKAR(02) ANKIT NAGIA(07) MAYUR HARODIA(30) RAMANDEEP SINGH BEHL(40) SHASHANK BHANSOD(44) TEJAS KALE(52)

What is Tort ?
A wrongful act, not including a breach of contract or trust, that

results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation. Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but causes harm and therefore the law allows anyone who is harmed to recover their loss. A tort may be defined as a civil wrong independent of contract for which the appropriate remedy is an action for un liquidated damages. A claim in tort may be brought by anyone who has suffered loss

TORT

CONTRACT

The damages are liquidated and fixed In tort the damages are generally According to the terms and conditions un-liquidated and are determined by of the parties. the court on the facts and merits and circumstances of the case.

A Contract is based upon the will and consent of two parties.

In the case of tort, a duty is independent of any consent or agreement and is fixed by the law.

In a contract, time of limitation begins In Tort, from the occurrence of the from the breach of contract. damage.

TORT

CRIME

Crime is a wrong against the society and the state initiates the action against the accused.

Tort is a wrong against an individual and the individual who is the victim initiates action.

As a rule, the object of criminal justice In tort, the object is compensation to is punishment of the accused. the victim.

Though fine by way of money is imposed in crime , it goes to the state and not to the victim.

Whereas in tort compensation amount must be paid to the victim.

CONSTITUENTS OF TORT
GENERAL- The Law of Torts is fashioned as an instrument for making people adhere to standards of reasonable behavior and respect the rights and interests of one another. This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same. 2. WRONGFUL ACT- An Act which infringes a legal right is a wrongful act. But every wrongful act is not a tort. To constitute a tort or civil injuryi. There must be a wrongful act committed by a person. ii. The wrongful act must give rise to legal damage or actual damage. iii. The wrongful act must be of such a nature as to give rise to a legal remedy in form of an action for damages. 3. DAMAGE- Damage means the harm or loss suffered or presumed to be suffered by the person as a result of some wrongful act of another. The sum of money awarded by court to compensate damage is called Damages . 4. REMEDY- A Tort is a civil injury , but all civil injuries are not torts. The wrongful act must come under the category of wrongs for which the remedy is a civil action for damages .
1.

SOME GENERAL ELEMENTS IN TORTS

1.

2.

3.
I.

ACT AND OMISSION- It has been already seen that to constitute a tort there must be an wrongful act. Failure to do something in doing an act is not an omission but a bad way of performing an act. An omission is a failure to do act as an whole. VOLUNTARY AND INVOLUNTARY ACTS- An voluntary act is one which you do according to your will, known circumstances and its consequences. But an involuntary act is which one does in the absence of any exercise of will , but in lack of actual exercise of will. MENTAL ELEMENTSMalice In popular sense means spite or ill-will. But in law it has two meanings- Intentional doing of a wrongful act and Improper motive. It is done knowingly with a view to its injurious consequences. Intention, Negligence and Recklessness- Intention is an internal fact , something which is in the mind and direct evidence of which is not possible. An act is intentional as to its consequences if the person concerned has the knowledge of the result and the desire that they should result.

II.

I.

Motive It is the purpose of doing the act. It differs from intention as intention relates to the immediate object of an act whereas motive refers to ulterior objective. Secondly motive refers to personal benefit or satisfaction which the person desires where as intension need not be so related. Motive is generally irrelevant in tort.

4. MALFEASANCE : MISFEASANCE : NON-FEASANCE The 5. FAULT -

 Two types of remedies- JUDICIAL AND EXTRA JUDICIAL.

REMEDIES

Judicial remedies are remedies which are afforded by the courts of law; while Extra-Judicial remedies are those available to party , in certain cases of torts, by his act alone. EXTRA-JUDICIAL remedies are (i) expulsion of trespasser , (ii)re-entry on land , (iii) Recaption of goods (iv) distress damage feasant (v)abatement of nuisance. JUDICIAL remedies are i) awarding of damages , ii) granting of injunction , iii) special restitution of property. 1. DAMAGES- In a suit for damages in a tort case , the court awards pecuniary compensation to the plaintiff for the injury or damage caused to him by the wrongful act of the defendant. after it is proved that defendant committed a wrongful act, the plaintiff would be entitled to compensation. The courts enquiry resolves deciding three questions: 1) Was the damage alleged caused by defendant wrongful act? 2) Was it remote? And 3) what is the monetary compensation for the damage?

2. INJUNCTION It is an order of a court restraining

to commission, repetition or continuance of a wrongful act of the defendant. Injunctive relief is generally considered a legal remedy of last resort, so when you file a lawsuit you must show that you need the injunction because no other remedies are adequate for your situation either because the subject of the lawsuit is unique or money is not enough to deter bad behavior.

DEFAMATION
Every man has a right to preserve his reputation and pride. This right of

reputation is acknowledged as an inherent personal right of every person. A mans reputation is held as its property, more valuable than any other property. So defamation is made to protect that. A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business, profession , calling or office, or to cause him to be shunned or avoided in society. A LIBEL is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. The statement must be expressed in some permanent form, e.g. writing, printing, pictures, statue etc. A SLANDER is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.