PRESENTED BY:SUBRAT MEHROTRA AABIR SAXENA DEEVESH JAIN SUMIT TOKAS ADITYA JAIN SUDIN SARKAR

Tort is a branch of the civil law (as opposed to criminal law) based on a claim that the defendant has caused injury or loss to the claimant by breaking a relevant obligation imposed by the general law. Deals with claims by private persons against others (individuals, organisations etc)

There is no single principle of tort law but a series of different torts with different origins and purposes. They protect a number of different interests against different kinds of interference (usually by compensation for the consequences that is, damages But sometimes by an order to stop that is, an injunction).

The law of tort protects to different degrees and in different ways the physical integrity of the person, property interests, reputation and economic interests.

There must be a wrongful act or omission on the part of a person. Wrongful act or omission must result in legal damage to another. Wrongful act or omission must be of such a nature as to give rise to a legal remedy.
a remedy.

1)

Ubi Jus lbi Remedium- Where there is a right, there is

2)
3)

Injuria Sine Damno- Injury Without Damage Damnum Sine Injuria- Damage Without Injury

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2 3 4

CRIME

TORT

Crime is a wrong against Tort is a wrong against an the society individual State initiates action against the accused State Action is called prosecution The object of criminal justice is punishment of the accused Individual who is the victim initiates action Individual action is called Suit The object is compensation to the victim Compoundable

5 Non compoundable

Occupiers Liability Act 1957 and the Occupiers Liability Act 1984 Includes liability of non-occupiers and defences that arise under the statutory and common law. The law of nuisance, both public and private. Land based tort, Trespass to land.

Contract law is based on an enforceable written or verbal agreement. The elements of a breach of contract claim are offer, acceptance and consideration. Consideration" is value given or promised to support the undertakings of each party to the contract.

Tort law is the law of "personal wrongs" and is different from contracts. An example of a tort is negligence.
Negligence is the failure of a person to use that degree of care that a hypothetical "reasonable person" would use under similar circumstances.

Liability more often strict in contract.

Liability less strict in tort.

There must be a wrongful act committed by a person. The wrongful act must give rise to a legal damage or actual damage. The wrongful act must be of such nature as to give rise to a legal remedy in the form of an action for damages

CIVIL LAW Compensation Day in Court (An opportunity to present one's side of a matter, as in a court of law)

CRIMINAL LAW Punishment Retribution(revenge) Deterrence(A negative motivational influence.)

Deterrence Civil standard of proof

Criminal standard of proof

Types of Tortious actions relevant for Constr. Contractors:

Other relevant legal principles under Tort law:

Action for Damages. Injunction.

Specific restitution of a property (in an action for detention of property) .

Constituents Of Tort It is obvious that every want or desire of a person cannot be protected nor can a person claim that whenever he suffers loss he should be compensated by the person who is the author of the loss. The law, therefore, determines what interests need protection and it also holds the balance when there is a conflict of protected interests. 1. There must be a wrongful act committed by a person; 2. The wrongful act must be of such a nature as to give rise to a legal remedy and; 3. Such legal remedy must be in the form of an action for unliquidated damages.

A. Wrongful Act. An act which prima facie looks innocent may becomes tortious, if it invades the legal right of another person. That is, it must prejudicially affect him in some legal right; merely that it will however directly, do him harm in his interest is not enough. Liability for tort arises, therefore when the wrongful act complained of amounts either to an infringement of a legal private right or a breach or violation of a legal duty.

C. Damage In general, a tort consists of some act done by a person who causes injury to another, for which damages are claimed by the latter against the former. The word damage is used in the ordinary sense of injury or loss or deprivation of some kind, whereas damages mean the compensation claimed by the injured party and awarded by the court. Damages are claimed and awarded by the court to the parties. The word injury is strictly limited to an actionable wrong, while damage means loss or harm occurring in fact, whether actionable as an injury or not.

(i) Damnum Sine Injuria (Damage Without Injury) There are many acts which though harmful ,are not wrongful, and give no right of action to them who suffers from their effects. Damage without breach of a legal right will not constitute a tort.

(ii) Injuria Sine Damnum (Injury Without Damage)

C. Remedy The law of torts is said to be a development of the maxim ubi jus ibi remedium or there is no wrong without a remedy. If a man has a right, he must have a means to vindicate and maintain it and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without remedy; want of right and want of remedy are reciprocal . Where there is no legal remedy there is no wrong.

Some General Conditions In Torts 1. Act Or Omission. To constitute a tort there must be a wrongful act, whether of omission or commission, but not such acts as are beyond human control and as are entertained only in thoughts.

2.Voluntary And Involuntary Acts. A voluntary act has to be distinguished from an involuntary act because the former may involve liability and the latter may not. The wrongfulness of the act and the liability for it depends upon legal appreciation of the surrounding circumstances.

3. Intention, Motive, Negligence And Recklessness. The obligation to make reparation for damage caused by a wrongful act arises from the fault and not from the intention. Any invasion of the civil rights of another person is in itself a legal wrong, carrying with it liability to repair it necessary or natural consequences, whether the motive which prompted it be good, bad or indifferent.

4. Malfeasance, Misfeasance And Non-Feasance. Feasance mean doing. The term malfeasance applies to the commission of an unlawful act. It is generally applicable to those unlawful acts, such as trespass, which are actionable per se and do not require proof of negligence or malice. The term misfeasance is applicable to improper performance of some lawful act. Non-feasance-It consists in non-performance of an act when one is under a legal duty to perform it.

Conclusion Although there are differences in opinion among the different jurists regarding the liability in torts, the law has been developed and has made firm roots in the legal showground. There are well defined elements and conditions of liability in tort law. This law enables the citizens of a state to claim for the minor or major damage caused to them. Thus the law has gained much confidence among the laymen and therefore, we cannot deny its necessity in INDIA.