List of Leading Cases in Law of Torts

Evolution of Law of Torts, Common Law developments

1. Meaning and Definition of Tort The term “Tort” is derived from the Latin word tortum, meaning “twisted” or “crooked” — something not straight or lawful.In law, a tort means a civil wrong for which the remedy is an action for unliquidated...

Principles of Justice ,Equity and Good Conscience

The Doctrine of Justice, Equity, and Good Conscience: A Foundational Analysis for Jurisprudence and Tort Law The maxim “Justice, Equity, and Good Conscience” represents a composite legal doctrine that serves as a residual juristic principle guiding judicial decision-making. It is invoked when...

Nature, Scope, Characteristics and Objects of Law of Torts

An Analysis of the Nature, Scope, Characteristics, and Objects of the Law of Torts Introduction: Definition and Conceptual Framework The Law of Torts, derived from the Latin tortum (meaning ‘twisted’ or ‘wrong’), constitutes a body of civil law concerned with remedying civil...

Distinction between Tort and Contract, Tort and Crime

Foundational Distinctions in Civil and Criminal Jurisprudence: Tort, Contract, and Crime For a comprehensive understanding of the Law of Torts, it is jurisprudentially essential to delineate its boundaries against other core areas of law, namely Contract Law and Criminal Law. I. Distinction...

Essential elements of Torts

Essential Elements Constituting Tortious Liability The Law of Torts is structured around a set of indispensable elements, all of which must be demonstrably present for a civil wrong to crystalise into an actionable tort. The determination of liability hinges upon satisfying three...

Principles of Liability: Fault & No-fault Liability

Principles of Liability in Tort Law: An Analysis of Fault and No-Fault Systems The imposition of tortious liability is determined by a choice between two fundamental paradigms: Fault-based Liability (the traditional approach) and No-Fault or Strict Liability (an approach driven by public...

Malfeasance, Misfeasance & Non-feasance

Malfeasance, Misfeasance, and Non-feasance: Classifications of Wrongful Conduct in Tort Law In the jurisprudence of the Law of Torts, the defendant’s actionable conduct can be classified into three distinct categories: malfeasance, misfeasance, and non-feasance. These distinctions are crucial as they govern the...

Motive, Intention, and Malice (Rea) in Tort Law

Motive, Intention, and Malice (Rea) in Tort Law: A Jurisprudential Analysis The determination of tortious liability requires a precise analysis of the defendant’s mental state, which is often mistakenly conflated with the concepts of motive and malice. While the Law of Torts...

Justifications & General Defences In Tort

General Defences (Justifications) in the Law of Torts: Principles, Statutes, and Indian Jurisprudence The Law of Torts establishes actionable civil wrongs. However, a defendant who has prima facie committed a tort may successfully rebut liability by pleading a General Defence or Justification....

Extinguishment of Liability in the Law of Torts (Mechanisms of Discharge)

Extinguishment of Liability in the Law of Torts: Mechanisms of Discharge The Law of Torts governs the creation of civil liability (or a “right in personam”) for wrongful acts. Correspondingly, there exist several legal mechanisms by which an otherwise valid tortious liability...

Capacity and Parties in Tort Law: Who May Sue and Who May Not Be Sued

The question of capacity in the Law of Torts determines the legal competency of an entity, whether natural or artificial, to either bring an action as a claimant (who may sue) or to be held liable as a defendant (who may be...

The Tort of Defamation: Principles, Elements, and Defences

The Law of Defamation is a tort designed to protect an individual’s right to reputation, balancing it against the fundamental right to freedom of speech and expression (Article 19(1)(a) of the Constitution of India). Defamation is the publication of a statement which...

Trespass to Land and Trespass to Person: Principles, Elements, and Advanced Concepts

The torts of Trespass to Land and Trespass to Person are foundational common law civil wrongs that protect an individual’s right to the exclusive enjoyment of property and personal integrity, respectively. They belong to the class of torts that are actionable per...

Negligence, Doctrine of Contributory Negligence, and Res Ipsa Loquitur

The tort of Negligence is the most pervasive form of civil liability in modern jurisprudence. It is defined as the breach of a legal duty to take care, which results in damage, undesired by the defendant, to the claimant. This doctrine is...

Nuisance: Public and Private: Principles, Elements, and Defences

The Law of Nuisance governs the wrongful interference with a person’s use or enjoyment of land or the exercise of a right common to the public. It serves to balance competing land use rights between neighbours and protect collective community interests. I....

State’s Liability and The Doctrine of Sovereign Immunity

State’s Liability and The Doctrine of Sovereign Immunity I. Introduction and Genesis The Doctrine of State Liability, a crucial area of Public Law, deals with the extent to which a State or Government is answerable in tort or contract for the actions...

Vicarious Liability

1. Introduction: Why Vicarious Liability Matters in Tort Law Vicarious liability is one of the most important doctrines of Tort Law because it imposes liability on a person who has not committed the wrongful act, solely because of their legal relationship with...

Strict Liability and Absolute Liability

Strict Liability and Absolute Liability: A Comparative Analysis of No-Fault Liability I. The Principle of No-Fault Liability The Law of Torts generally requires proof of fault (negligence or intention) to establish liability. However, the doctrines of Strict Liability and Absolute Liability belong...

The Doctrine of Causation

The Doctrine of Causation: Nexus between Action and Injury The Doctrine of Causation is a foundational principle in both the Law of Torts and Criminal Law, serving to establish the necessary legal link between the defendant’s wrongful act (or omission) and the...

Remoteness of Damages

The Doctrine of Remoteness of Damages, or Legal Causation, is a crucial policy mechanism in the Law of Torts. While Factual Causation (the ‘But-For’ test) determines the physical link between the defendant’s breach and the plaintiff’s injury, Remoteness places a reasonable and...

Judicial and Extra-Judicial Remedies in the Law of Torts

The availability of an effective remedy is fundamental to the existence of a tort, encapsulated by the maxim ubi jus ibi remedium (where there is a right, there is a remedy). Remedies are classified based on the authority granting them: Judicial (granted...