Law of Torts - Notes, Case Laws and Study Materials

The concept of the Law of Torts is to redress a wrong done to a person and provide relief from the wrongful acts of others. A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.

Law of Torts Notes

Important study material and case laws on the Law of Torts - Click on the Topics to Read

Module – I  Nature & Definition of Tort

1. History & Evolution of Law of Torts
2. Nature and Scope of Law of Torts
3. Meaning, Definition & Essential Conditions of Tort
4. Winfield Theory of Law of Torts
5. Ashby vs White Case Study
6. Types of Torts
7. Tort and Crime
8. Tort and Contract
9. Tort and Quasi Contract
10. Tort and Breach of Contract
11. Ubi jus ibi remedium
12. Mental Element in Tortuous Liability
13. Intention, Motive, Malice in Law and in Fact
14. General Defences in Tort – Volenti Non-Fit Injuria, Plaintiff the wrongdoer, Inevitable accident, Act of God, Private Defence, Mistake, Necessity, Statutory authority

Module – II Negligence, Nuisance & Nervous Shock

1. Meaning, Essentials of Negligence
2. Kinds of Negligence – Contributory & Composite
3. Res Ipsa Loquitur (Proof of Negligence)
4. Defences of Negligence & Professional Liability for Negligence
5. Meaning, Essentials of Nuisance
6. Kinds of Nuisance – Public & Private Nuisance
7. Defences to Nuisance
8. Absolute and Strict Liability
9. Legal Remedies
10. Remoteness of Damage
11. Nervous Shock

Module – III Defamation, Trespass, Malicious Prosecution

1. Meaning & Essentials of Defamation
2. Defences to Defamation
3. Libel and Slander
4. Difference Between Civil Defamation and Criminal Defamation
5. Trespass in Law of Torts
6. Trespass to Person – Assault, Battery, Mayhem and False Imprisonment
7. Trespass to Property
8. Trespass to Goods– Detinue, Conversion
9. Malicious Prosecution
10. Malicious Civil Action and Abuse of Legal Process
11. Torts against Person
12. Torts against Property
13. Torts Affecting Domestic and Other Rights - Marital Rights, Parental Rights, Right to Service, Contractual Rights, Intimidation and Conspiracy

Module – IV Strict, Absolute & Vicarious Liability

1. Strict / No Fault Liability
2. The rule in Rylands v Fletcher & its applicability in India
3. Rule of Absolute Liability (Rule in M.C Mehta Case)
4. Strict and Absolute Liability - Essentials and Exceptions
5. Meaning & Principles of Vicarious Liability and Vicarious Liability of State
6. Difference Between Servant and Independent Contractor

Module – V Remedies under the Law of Torts

1. Remedies under the Law of Torts
2. Remoteness of Damage
3. Occupier’s Liability for Dangerous Premises
4. Injuria Sine Damnum
5. Damnum Sine Injuria
6. Qui facit allum facit perse