Law of Torts Notes
Law of Torts Notes suitable for quick revision or deeper study.
📚 Law of Torts – Summary Notes
⚖️ What is a Tort?
Tort = A civil wrong (not a breach of contract or crime) for which the court provides a remedy in the form of damages.
Originates from the Latin word “tortum” meaning “twisted” or “wrong.”
🧩 Essential Elements of Tort
Wrongful Act or Omission
Legal Duty imposed by law (not contract)
Injury or Damage to the plaintiff (legal damage)
Remedy: Usually compensation (damages)
🧾 Types of Legal Damages
| Type | Meaning |
|---|---|
| Injuria sine damno | Violation of legal right without actual damage (Actionable) |
| Damnum sine injuria | Actual damage without violation of legal right (Not actionable) |
Case: Ashby v White – Right to vote violated, though no actual loss → actionable.
🔖 General Defenses in Tort
Volenti non fit injuria – Consent to risk
Plaintiff’s own fault (Contributory negligence)
Act of God
Inevitable Accident
Private Defense
Necessity
Statutory Authority
🔍 Major Torts
1. Negligence
Duty of care breached causing foreseeable harm.
Case: Donoghue v Stevenson – Established the "neighbor principle."
2. Nuisance
Unlawful interference with someone’s use or enjoyment of land.
Private vs. Public Nuisance
3. Trespass
Direct, unlawful interference with person or property.
To person: Assault, Battery, False Imprisonment
To land: Unauthorized entry
To goods: Wrongful interference
4. Defamation
Injury to reputation by a false statement.
Libel: Written/permanent
Slander: Spoken/temporary
Defenses: Truth, Fair Comment, Privilege
5. Strict Liability
No need to prove negligence; liability arises due to inherently dangerous activities.
Case: Rylands v Fletcher
6. Vicarious Liability
One person held liable for the torts of another (e.g., employer for employee).
7. Nervous Shock
Psychiatric harm due to witnessing a traumatic event.
Requires proof of recognized psychiatric illness.
🛑 Remedies in Tort
| Type | Description |
|---|---|
| Damages | Compensation in money |
| Injunction | Court order to do or stop doing something |
| Specific Restitution | Returning property |
| Self-Help / Abatement | Removing the nuisance personally (limited) |
🧑⚖️ Important Cases (Quick List)
| Case | Principle |
|---|---|
| Donoghue v Stevenson | Duty of care (Negligence) |
| Ashby v White | Injuria sine damno |
| Rylands v Fletcher | Strict liability |
| Sturges v Bridgman | Nuisance |
| Read v Lyons | No liability without escape (Strict Liability) |
| Alcock v CC of South Yorkshire | Nervous shock limits |
| Cassidy v Ministry of Health | Vicarious liability |
📘 Difference Table: Tort vs. Crime vs. Contract
| Aspect | Tort | Crime | Contract |
|---|---|---|---|
| Nature | Civil wrong | Public wrong | Breach of agreement |
| Remedy | Compensation | Punishment | Damages or specific performance |
| Parties | Private individuals | State vs. accused | Contracting parties |
| Intent | Not always necessary | Usually required | Based on agreement |
🧠 Mnemonic Tips
TORT = Trespass, Obligation, Rights, Trigger (helpful memory trick).
"D-VIP-NN-STD" – Defamation, Vicarious liability, Injuria, Private nuisance, Negligence, Nervous shock, Strict liability, Trespass, Damages
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