Torts
Learning Objectives
By the end of this section, you should be able to:
- Define a tort and distinguish it from a crime and a breach of contract
- Identify the three major categories of torts: intentional, negligent, and strict/absolute liability
- Explain the four elements of a negligence claim — duty, breach, causation, and damage
- Describe key intentional torts including assault, battery, false imprisonment, and defamation
- Apply the Rylands v Fletcher rule and the absolute liability rule from M.C. Mehta v. Union of India
- Analyse vicarious liability in employment and public authority contexts
- Connect consumer protection and product liability principles to tort doctrine
Quick Answer
Tort law is the branch of civil law that deals with civil wrongs — acts or omissions that cause harm to another person for which the law provides a remedy, usually in the form of damages. Unlike criminal law, which punishes the wrongdoer on behalf of society, tort law compensates the victim. Indian tort law draws heavily from English common law, supplemented by statutes such as the Consumer Protection Act 2019, and has developed its own distinct rules on absolute liability. US tort law, shaped by landmark decisions such as Palsgraf v. Long Island Railroad and MacPherson v. Buick, shares the same common law roots.
Topics at a Glance
| Topic | Brief Description |
|---|---|
| Introduction to Torts | What a tort is, how it differs from crime and contract, and the three broad categories |
| Negligence | The four-element framework — duty, breach, causation, and damage — and its application |
| Duty of Care | When and to whom a legal duty is owed; the neighbour principle from Donoghue v Stevenson |
| Breach of Duty | The reasonable person standard and how courts measure a defendant's conduct against it |
| Causation | Factual (but-for) causation, legal (proximate) causation, and intervening acts |
| Assault and Battery | Intentional acts creating apprehension of harm (assault) or direct contact (battery) |
| Defamation | Libel and slander — false statements that damage reputation, with defences |
| Intentional Torts | The full catalogue: assault, battery, false imprisonment, trespass, and IIED |
| Vicarious Liability | Employer liability for employee wrongs committed in the course of employment |
| Consumer Protection | Rights under the Consumer Protection Act 2019 and the three-tier redressal system |
| Product Liability | Manufacturer and seller liability for defective products causing harm to consumers |
| Nuisance | Private and public nuisance — interference with use and enjoyment of land |
| Strict and Absolute Liability | Liability without fault — Rylands v Fletcher compared with India's absolute liability rule |
Key Terms
| Term | Definition | Related Concept |
|---|---|---|
| Tort | A civil wrong that gives the injured party a right to sue for damages | Crime, Breach of Contract |
| Negligence | Failure to exercise the care that a reasonably prudent person would exercise in similar circumstances | Duty of Care, Breach |
| Duty of Care | A legal obligation to avoid conduct that could foreseeably harm another | Neighbour Principle |
| Strict Liability | Liability imposed regardless of fault, typically for ultra-hazardous activities | Rylands v Fletcher |
| Absolute Liability | A stricter Indian variant of strict liability with no exceptions, applicable to hazardous enterprises | M.C. Mehta v. Union of India |
| Vicarious Liability | The liability of one person (usually an employer) for the torts of another (usually an employee) | Course of Employment |
| Defamation | Publication of a false statement that lowers a person in the estimation of right-thinking members of society | Libel, Slander |
| Nuisance | Unreasonable interference with a person's use or enjoyment of land, or with a public right | Private Nuisance, Public Nuisance |
Related Topics
Prerequisites: Contract Law (for understanding civil obligations), Constitutional Law (fundamental rights as background to tort defences)
Related Topics: Criminal Law (overlap with assault, battery, and defamation), Administrative Law (government liability), Environmental Law (nuisance and absolute liability)
Next Topics: Evidence Law (proving elements of a tort claim), Civil Procedure (how tort claims are litigated in court)