Essentials of Law of Torts with Case Laws

Essentials of Law of Torts

The Law of Torts is a branch of civil law that provides remedies for private wrongs (civil injuries) that are not covered under contracts or criminal law. To establish liability under tort law, certain essentials must be fulfilled:

1. Act or Omission

Meaning:

A tort arises from a wrongful act or omission that causes harm or injury to another person. It can be an act (doing something which should not be done) or omission (not doing something which ought to be done).

Key Principle:

"No liability without a wrongful act or omission."

Examples:

• Act: A person hits someone — assault.
• Omission: A lifeguard fails to save a drowning person due to negligence.

Case Laws:

English Law:

• Smith v. Leech Brain & Co. Ltd. (1962)
  ➤ Plaintiff suffered a burn due to molten metal, which later caused cancer. The employer’s omission of safety precautions led to liability.

Indian Law:

• Kasturi Lal v. State of U.P. (AIR 1965 SC 1039)
  ➤ The plaintiff’s gold was seized by the police and later lost due to negligence. Court held the State not liable as the omission was in the exercise of sovereign function.
  🧾 Important for distinguishing between sovereign and non-sovereign functions.

2. Legal Damage (Injury in Legal Sense)

Meaning:

To claim compensation under tort law, legal damage must be established — not just any harm, but harm recognized by law. There are two key Latin maxims to understand this:

3. Injuria Sine Damno

(“Legal Injury without Actual Damage”)

Meaning:

Here, a person’s legal right is violated, even if no actual harm (physical or financial) is caused. Violation of a legal right itself is actionable.

Examples:

• Denial of right to vote, even if the result isn’t affected.
• Unlawful entry into someone’s private property (trespass).

Case Laws:

English Law:

• Ashby v. White (1703)
  ➤ Plaintiff was wrongfully denied the right to vote. Even though the candidate he supported won, court held that violation of legal right is actionable, even without damage.
  📜 Established the principle of Injuria Sine Damno.

Indian Law:

• Bhim Singh v. State of J&K (AIR 1986 SC 494)
  ➤ MLA Bhim Singh was wrongfully detained by police to prevent him from attending an Assembly session.
  ➤ The Supreme Court awarded Rs. 50,000 compensation — legal injury (violation of fundamental rights) without physical damage.

4. Damnum Sine Injuria

(“Actual Damage without Legal Injury”)

Meaning:

Here, a person suffers actual harm, but no legal right is violated. So, no tort is committed.

Examples:

• Opening a rival business, causing loss to another’s business.
• Giving correct information that leads to someone’s financial loss.

Case Laws:

English Law:

• Gloucester Grammar School Case (1410)
  ➤ A teacher started a rival school. The plaintiff’s school suffered economic loss.
  ➤ Held: No legal injury, hence no tort, even if there’s financial loss.
• Mogul Steamship Co. Ltd. v. McGregor Gow & Co. (1892)
  ➤ Defendants formed a shipping association and offered rebates to drive competitors out.
  ➤ Held: Loss to plaintiff but no infringement of legal right — hence, not actionable.

Indian Law:

• Municipal Corporation of Delhi v. Subhagwanti (AIR 1966 SC 1750)
  ➤ A clock tower collapsed due to poor maintenance, killing several people.
  ➤ Although actual damage occurred, the case involved negligence, not Damnum Sine Injuria.
  ➤ Important to contrast legal wrongs vs mere damage.
• Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. (AIR 1990 SC 2060)
  ➤ Industrial operations caused pollution, harming the residents.
  ➤ Although harm occurred, petitioners could not prove legal injury as per public nuisance under tort law.

Summary Table

Final Thoughts

Understanding these essentials is crucial for law students, litigators, and judiciary aspirants. Tort law is not about every wrong — it’s about legally recognized wrongs. Courts will grant relief only where there’s an injury to a legal right, not just hurt feelings or business competition.