Concept of Civil Wrong Are these acts

Concept of Civil Wrong

Are these acts wrongs ? l. A agrees to buy B’s house for 10 lakhs. He pays the amount but B refuses to hand over the possession of the house. l A invites B for dinner at his house. B promises to attend the same but does not do it. l A, who is starving approaches B and pleads to provide some food. B refuses to do so. A falls unconscious and later dies.

l. A enters upon B’s property without his consent and continues to remain on it even when asked by B to get out of it. l. A enters upon the property of B injuring the watchman and steals fruits from his garden.

– derived from Latin term “Tortum” which implies conduct that is twisted l Tortious liability l Tort l Arises from a breach of duty fixed by law l This duty is towards persons generally l Its breach is redressed by civil action for unliquidated damages

Essentials of a Tort l There must be a wrongful act committed by a person l It must result in legal damage to another l Injury without damage actionable (injuria sine damno) l Damage without injury not actionable (damnum sine injuria) l It must give rise to a legal remedy (ubi jus ibi remedium)

Distinction between a Tort and a Breach of Contract l Tort l Duty imposed by law l Violation of a right in l Damages are unliquidated l Breach of Contract Duty imposed by the parties to the contract l Violation of a right in l personam rem l Damages are liquidated

Distinction between a Tort and a Crime l Both l In are violations of rights in rem both the cases, duties are imposed by law

l Tort l Private Wrong Breach of Private Duties l Object of action is compensation l l Individual has to approach a Civil Court for redressal l Crime l Public Wrong l Breach of Public Duties Object of action is punishing the wrong doer l State initiates prosecution against the wrong doer l

Kinds of Torts l Torts affecting the person l Assault – intentionally creating an apprehension in another person that force would be used against him l Battery – intentional application of force to another without lawful justification l False Imprisonment – total restraint on the liberty of the person without lawful justification

l Torts affecting reputation l Defamation – publication of a statement which is false and defamatory by the defendant which refers to the plaintiff l Libel – defamatory statement which is addressed to the eye and is actionable per se l Slander – defamatory statement which is addressed to the ear and is actionable only on proof of damage

l Malicious Prosecution l defendant instituting prosecution l with malice and without reasonable and probable cause l against the plaintiff thereby affecting his liberty, property and reputation and l the prosecution must have ended in plaintiff’s favour

l Torts affecting Immovable Property l Trespass – unlawful entry upon the land of another or unlawful interference with the possession of land of another l Dispossession – withholding the possession of land from the rightful owner l Injury to easements – injury to a right to support of land buildings, right to light and air, right to way, right of water and right of privacy

l Torts affecting Moveable Property l Trespass to goods – wrongfully taking goods out of plaintiff’s possession or forcibly interfering with the goods l Detention – wrongfully withholding the immediate possession of goods from one who is entitled to it l Conversion – willful interference without lawful justification with goods in a manner inconsistent with the rights of the owner

l Torts affecting both person and property l Negligence – breach of duty of care owed by the defendant to the plaintiff resulting in harm to the plaintiff l Nuisance – unlawful interference with the use or enjoyment of property or with the exercise of common right l Fraud – making a false statement knowingly or recklessly with an intention that another should rely and act to his detriment and the other does so act

Remedies l Extra-judicial remedies – Remedies by the act of the parties l Self help l Abatement of Nuisance l Distress damage feasant

l Judicial Remedies – Remedies available from the Courts l Damages – pecuniary compensation l Specific Restitution of property l Injunctions (Temporary or Permanent), (Mandatory or Prohibitory)

l Damages l Nominal – damages in recognition of a right l Substantial – compensation for the actual loss l Contemptuous – marks a disapproval of the plaintiff’s conduct l Exemplary – punitive in nature

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