Law Of Torts: Clat: Notes For Quick Revision

As a CLAT aspirant preparing for the 2025 exam, I've compiled this quick revision guide on the Law of Torts. I hope this helps fellow students get a solid grasp of the key concepts.

Introduction to Law of Torts

The origin of the word 'tort' is in the Latin word 'tortum', which means ‘twisted’ or ‘wrong’. In more simple terms, a tort is just a civil wrong that causes someone to suffer loss or harm, for which the party who commits the act is legally liable. That is, to say it is different from criminal wrongs and contractual breaches.

The thing about tort law is that it’s pretty much all uncodified in India i.e. it hasn’t been written down in a specific statute by the Government, but rather has developed through court judgments over the years spontaneously. 

Essential Elements of Tort

Three elements are common to all forms of torts: 

(1) the performance of a legal duty, which generally is imposed by the law of tort on some person or persons owing it to the party harmed, or, in certain cases, by a mere contractual duty owed to that party alone; 
(2) a breach of that duty;  
(3) an injury caused by that breach of duty.

1. Legal Injury (Injuria): There must be a violation of a legal right.
It is not about the injury resulting from something done or not done by someone.
2. Legal Remedy: There has to be a provision in law to grant damages or relief.

Two Crucial Maxims

1. Injuria Sine Damnum: This means "legal injury without damage". Even if there is no actual loss, you can still sue if your legal right was violated.
Case Study: Ashby v. White (1703)
A man was wrongfully prevented from voting, but the candidate he would have voted for won anyway. The court held that his right to vote had been violated, so he could sue even though he had suffered no actual injury.

2. If there is damage without legal injury, it is known as damnum sine injuria. Sometimes you might suffer a loss, but if no legal right was violated then you are not entitled to bring an action against the wrongdoer.
Case Study: Gloucester Grammar School Case (1410)
A schoolmaster of a particular township, having obtained a certain sum to carry on his school for a year gratuitously, opened his school and attracted his scholars so from the school of another person, who consequentially, lost part of his profits. It was adjudged that neither the township nor such schoolmaster had any cause to maintain an action on this case; — for that when the master undertook to teach gratuitously he created a competition in doing good; and that there is no other difference between competition in things beneficial or detrimental than this: in the one as well as the other often by competition both parties lose.

Types of Torts

1. Battery

Battery is the intentional or wrongful touching of a person against his or her will with the intent to harm, offend, or injure.
Key elements:
- Use of force
- Without lawful justification
Example: Slapping someone or spitting on them would be battery.

2. Assault

Assault is when you make someone think they are going to be hit by someone. It's all in the mind, There’s no actual hitting.
Key elements:
- Intent to cause apprehension
- Imminent harm
Pointing a gun at somebody, unloaded or not is still assault.

3. False Imprisonment

This tort involves intentionally or negligently (in limited circumstances) causing a person to fear that they are about to be subjected to physical contact that will cause them harm.
Key elements:
- Total restraint on liberty
- No reasonable means of escape
Case Study: Bird v. Jones (1845)
The defendant blocked some of a public bridge. Held: Not an imprisonment since the plaintiff could have gone another way.

4. Defamation

Defamation involves damaging someone's reputation through false statements.

Types:
- Libel: Written or permanent form
- Slander: Spoken or transient form
However, in India, both are covered under the ambit of defamation. 

Key elements:
The statement must be defamatory

• It also must identify the plaintiff.
• It has to be disclosed (made known to someone outside the thing or group)

5. Trespass: Trespass involves unauthorized interference with another person's property rights.

Types:
Trespass to Person: different common law torts like assault, battery and false imprisonment
Trespass to Land: Entering the property of another without their consent
Trespass to Goods: Interference with a person's personal property

6. Nuisance
A nuisance is an unreasonable interference with one's use or enjoyment of their land.
Types:
Private Nuisance: An offence that concerns an individual
Public Nuisance: impacts on a community

St Helen's Smelting Co v Tipping [1865]:
The court held there should be damages as it must have known that the plaintiff was next door.
True, some annoyance from heavy industry is to be expected, yet the damage done by polluting the physical property of a landowner trespasses on that which he owns.

7. Negligence
If you are reading this, it might already be too late given that negligence is all about failing to take reasonable care as not to cause injury or loss to another person.
Key elements:
- Duty of care
- Breach of duty
- Resulting damage

 Donoghue v Stevenson (1932)
This famous case involved a woman who found a decomposed snail in her ginger beer. Gross, right? The court decided the manufacturer owed a "duty of care" to the consumer, even though they didn't have a direct contract. This case laid the foundation for modern negligence law.

8. Nervous Shock
That is, a psychiatric disease that results from seeing or being involved with someone experiencing some traumatic event as the result of another person's negligence.

Case study: Dulieu v. White & Sons (1901)
Van A pregnant woman was shocked when he was on the horse with which his pub was involved in an accident. Her claim was upheld by the court on the basis that nervous shock could be a head of damage as compensation.

General Defences in Tort Law

If someone is accused of a tort they may have some defences. Here are the main ones:
1. Volenti Non Fit Injuria 
This means "to a willing person, no injury is done". If you agreed to the risk, you can't complain about the consequences.

Example: If you play a contact sport, and then sue because someone broke one of your fingers playing Tiddlywinks, that's not allowed.

2. Plaintiff the Wrongdoer
If someone who is suing (the plaintiff) was breaking the law at all right before becoming injured, they might not be able to recoup any compensation.

3. Inevitable Accident
They are only not responsible for the accident if they took all prudent steps but it still occurred.

4. Act of God
This includes any natural events that were unavoidable and reasonably so guarded against.
Examples: Losses caused by a violent, unusually intense storm might be considered an Act of God.

5. Private Defence
You can indeed exert reasonable force in self-defence or to protect your property.

6. Necessity
Sometimes you have to break the law for a bigger cause.

Cope v. Sharpe (1912)

The defendant had entered the plaintiff's land to put out a fire. The court accepted that as a necessity.

7. Statutory Authority
Or to be a tort when the injured party is alleged to have consented and the (tort-feasor) is acting within their authorized scope of practice or otherwise makes it illegal.

For example, a railway company might not be legally responsible for noise nuisance if they're keeping within the levels permitted by law.

Conclusion

Tort law is one of the most interesting areas because it deals with civil wrongs and how society balances different rights against each other. For CLAT aspirants it is important to gain a well-grounded understanding of these concepts not just for the exam but in order to evolve as a legal thinker.