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8/7/2019 Presentation_on_Tort-Construction_[EDocFind.com][1]

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LAW OF TORTLAW OF TORT

By:By:--PrachiPrachi

PrernaPrernaSantoshSantoshShilpaShilpa

YogendraYogendra



Tort: Meaning and OverviewTort: Meaning and Overview

Denotes a breach of duty imposed by lawDenotes a breach of duty imposed by law Nature of the Duty: To act as a reasonable Nature of the Duty: To act as a reasonable

person exercising reasonable diligence person exercising reasonable diligenceTort exceeds the obligation of a party under Tort exceeds the obligation of a party under contract: the duty could be to the other partycontract: the duty could be to the other partyin a contractual relationship,in a contractual relationship, as well as well as toas to

any third party who, it is reasonablyany third party who, it is reasonablyforeseeable, would get affected by theforeseeable, would get affected by theactions of a person.actions of a person.



C onstituents of TortC onstituents of Tort

There must be a wrongful act committed byThere must be a wrongful act committed bya person.a person.The wrongful act must give rise to a legalThe wrongful act must give rise to a legaldamage or actual damage.damage or actual damage.The wrongful act must be of such nature asThe wrongful act must be of such nature asto give rise to a legal remedy in the form of to give rise to a legal remedy in the form of

an action for damages.an action for damages.



TortTort

Types of Types of TortiousTortiousactions :actions :

Negligence Negligence Nuisance NuisanceTrespassTrespass

Other relevant legalOther relevant legal principles under Tort principles under Tortlaw:law:

Absolute LiabilityAbsolute LiabilityStrict LiabilityStrict LiabilityVicarious LiabilityVicarious Liability



NEGLIGEN C E NEGLIGEN C E

Breach of legal duty to take care which results inBreach of legal duty to take care which results indamage.damage.Three constituents: (i) legal duty to take care onThree constituents: (i) legal duty to take care on

part of a party to the injured party, within the part of a party to the injured party, within thescope of duty of the said party, (ii) breach of thisscope of duty of the said party, (ii) breach of thisduty to take care and (iii) consequential damage.duty to take care and (iii) consequential damage.Existence of legal duty to take care is determinedExistence of legal duty to take care is determined

on basis of general principle of ³proximity andon basis of general principle of ³proximity andforeseeability´. Established in case of foreseeability´. Established in case of Donoghu e Donoghu ev. Steve n son [1932 AC 562(HL)].v. Steve n son [1932 AC 562(HL)].



NEGLIGEN C E: Principle in NEGLIGEN C E: Principle in

Donoghue v. StevensonDonoghue v. Stevenson³You must take reasonable care to avoid acts or ³You must take reasonable care to avoid acts or omissions which you can reasonably foreseeomissions which you can reasonably foreseewould likely to injure your neighbor. Who thenwould likely to injure your neighbor. Who thenin law is my neighbor?«persons who are soin law is my neighbor?«persons who are soclosely and directly affected by my act that I closely and directly affected by my act that I ought reasonably to have them in contemplationought reasonably to have them in contemplationas being so affected when I am directing myas being so affected when I am directing mymind to the acts or omissions which are called inmind to the acts or omissions which are called inquestion.´ question.´



STANDARD OFSTANDARD OF

DUTY TO TAKEC

AREDUTY TO TAKEC

AREThe degree of duty of care is that of an ordinaryThe degree of duty of care is that of an ordinary prudent person. prudent person.Exceptions: (i) if a person is highly skilled about aExceptions: (i) if a person is highly skilled about a

particular business , the law would hold him guilty particular business , the law would hold him guiltyof negligence in failing to use such expert skill,of negligence in failing to use such expert skill,(ii) if a persons holds himself out as being(ii) if a persons holds himself out as beingspecifically competent to do things requiringspecifically competent to do things requiring

professional skill, he will be held liable for professional skill, he will be held liable for negligence if he fails to exhibit the care and skillnegligence if he fails to exhibit the care and skillof one ordinarily an expert in that business.of one ordinarily an expert in that business.C onformity with the general and approvedC onformity with the general and approved

practices could generally lead to an inference in practices could generally lead to an inference infavor of the defendant.favor of the defendant.



TORTIOUS LIABILITY FOR TORTIOUS LIABILITY FOR

NEGLIGENC

E NEGLIGENC

EDepends on facts of the case. C ourts canDepends on facts of the case. C ourts cantake cognizance of new fact situations.take cognizance of new fact situations.

J unior Brook s v. Vet ichi: J unior Brook s v. Vet ichi: Owner¶s remedyOwner¶s remedyunder tort law against subunder tort law against sub- -contractors for contractors for laying down defective floor. Damage to thelaying down defective floor. Damage to thefloor was a direct and foreseeable result of floor was a direct and foreseeable result of subsub--contractor¶s negligence.contractor¶s negligence.



NUISAN C E: NUISAN C E:

Meaning and RelevanceMeaning and Relevance³Nuisance´ is anything done to the hurt or ³Nuisance´ is anything done to the hurt or annoyance of the lands or tenements of another annoyance of the lands or tenements of another and not amounting to trespass. It is an old cause of and not amounting to trespass. It is an old cause of action that is losing its relevance in light of action that is losing its relevance in light of developments in Environment laws which imposedevelopments in Environment laws which imposegreater and more certain liability in relation togreater and more certain liability in relation todamage to adjoining lands/property.damage to adjoining lands/property.

Nuisance are of two kinds: (i) public nuisance and Nuisance are of two kinds: (i) public nuisance and(ii) private nuisance.(ii) private nuisance.



PUBLI C AND PRIVATEPUBLI C AND PRIVATE

NUISANC

E NUISANC

EPublic Nuisance is an act causing any commonPublic Nuisance is an act causing any commoninjury, danger or annoyance to the public, andinjury, danger or annoyance to the public, anddoes not create a right for civil action in any onedoes not create a right for civil action in any one

person. In India, remedy under Section 91, C PC . person. In India, remedy under Section 91, C PC .Private Nuisance results when use or authorizationPrivate Nuisance results when use or authorizationof use of one¶s property, or of anything under of use of one¶s property, or of anything under one¶s control, injuriously affects another.one¶s control, injuriously affects another.(Examples: (i) Obstruction to light and air; (ii) Disturbance(Examples: (i) Obstruction to light and air; (ii) Disturbanceof right to support, (iii) Escape of deleterious substancesof right to support, (iii) Escape of deleterious substancesinto another¶s property, etc.)into another¶s property, etc.)



TRESPASS: Basic PrinciplesTRESPASS: Basic Principles

PositivePositive actact of of interferenceinterference or or entry,entry, however however slight,slight, ontoonto thethe property property of of another another. .IgnoranceIgnorance of of thethe boundaries boundaries willwill be be nono excuseexcuse ininanan actionaction for for trespasstrespassSlightestSlightest violationviolation of of aa boundary boundary willwill be be aatrespass,trespass, (e(e..gg.:.: placing placing objectsobjects onon another another person¶s person¶s land,land,drivingdriving nailsnails intointo hishis wall,wall, usingusing itit toto supportsupport scaffolding,scaffolding,

or or leavingleaving aa ladder,ladder, planks planks or or aa shedshed or or piling piling rubbish)rubbish). .TrespassTrespass equallyequally includesincludes aa violationviolation of of thethe air air spacespace aboveabove thethe another another person¶s person¶s land,land, atat aa heightheightwhichwhich wouldwould interfereinterfere withwith anyany useuse of of hishis landland..



OTHER PRIN C IPLES OFOTHER PRIN C IPLES OF

LIABILITYLIABILITYAbsolute LiabilityAbsolute LiabilityStrict LiabilityStrict LiabilityVicarious LiabilityVicarious Liability



ABSOLUTE LIABILITY: Rule laidABSOLUTE LIABILITY: Rule laiddown by Supreme C ourt of India in thedown by Supreme C ourt of India in the

O leum Gas Lea k CaseO leum Gas Lea k CaseWhere an enterprise is engaged in a hazardous or Where an enterprise is engaged in a hazardous or inherently dangerous activity, the enterprise isinherently dangerous activity, the enterprise isstrictly and absolutely liable to compensate allstrictly and absolutely liable to compensate all

those who are affected by the accident and suchthose who are affected by the accident and suchliability is not subject to any exceptions.liability is not subject to any exceptions.The enterprise cannot escape liability by showingThe enterprise cannot escape liability by showingit had taken all reasonable care and there was noit had taken all reasonable care and there was no

negligence on its part.negligence on its part.This principle, however, has been rarely appliedThis principle, however, has been rarely appliedsince it was formulated.since it was formulated.



STRI C T LIABILITY: Rule inSTRI C T LIABILITY: Rule in

Ryland v. Fletcher Ryland v. Fletcher ³T he pe r son who, f or hi s own pur po se , bring s on ³T he pe r son who, f or hi s own pur po se , bring s on hi s la nd and collects a nd k eeps t her e a nyt hing hi s la nd and collects a nd k eeps t her e a nyt hing l ik el y t o do mi schi ef i f it es capes , mu st k eep it in at l ik el y t o do mi schi ef i f it es capes , mu st k eep it in at hi s pe ri l; a nd i f he does not do so i s p rim a fa ciehi s pe ri l; a nd i f he does not do so i s p rim a fa ciean swer able f or all t he d ama g e which i s t hean swer able f or all t he d ama g e which i s t henat ur al con seq uence o f its es capenat ur al con seq uence o f its es cape .´.´The liability under this rule is strict and it is noThe liability under this rule is strict and it is nodefense that the thing escape without that personsdefense that the thing escape without that personswillful act, default or negligence or that he had nowillful act, default or negligence or that he had noknowledge of its existence.knowledge of its existence.



STRI C T LIABILITY:STRI C T LIABILITY:

ExceptionsExceptionsOnly applicable when nonOnly applicable when non- -natural use of landnatural use of land Not applicable when: Not applicable when: ± ± the escape of the object was due to act of Godthe escape of the object was due to act of God ± ± the escape was a result of an act of a stranger,the escape was a result of an act of a stranger,

or default of the person injuredor default of the person injured ± ± the thing was present with the consent of thethe thing was present with the consent of the

person injured or for common benefit of person person injured or for common benefit of personinjured.injured.

± ± it is the consequence of an act done for publicit is the consequence of an act done for public purpose in the discharge of a public duty under purpose in the discharge of a public duty under the express authority of a statute.the express authority of a statute.



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