Concept of Civil Wrong

1. Concept of Civil Wrong

2. Are these acts wrongs ? • A agrees to buy B’s house for 10 lakhs. He pays the amount but B refuses to hand over the possession of the house. • A invites B for dinner at his house. B promises to attend the same but does not do it. • A, who is starving approaches B and pleads to provide some food. B refuses to do so. A falls unconscious and later dies.

3. A enters upon B’s property without his consent and continues to remain on it even when asked by B to get out of it. • A enters upon the property of B injuring the watchman and steals fruits from his garden.

4. Tort – derived from Latin term “Tortum” whichimplies conduct that is twisted • Tortious liability • Arises from a breach of duty fixed by law • This duty is towards persons generally • Its breach is redressed by civil action for unliquidated damages

5. Essentials of a Tort • There must be a wrongful act committed by a person • It must result in legal damage to another • Injury without damage actionable (injuria sine damno) • Damage without injury not actionable (damnum sine injuria) • It must give rise to a legal remedy (ubi jus ibi remedium)

6. Tort Duty imposed by law Violation of a right in rem Damages are unliquidated Breach of Contract Duty imposed by the parties to the contract Violation of a right in personam Damages are liquidated Distinction between a Tort and a Breach of Contract

7. Distinction between a Tort and a Crime • Both are violations of rights in rem • In both the cases, duties are imposed by law

8. Tort Private Wrong Breach of Private Duties Object of action is compensation Individual has to approach a Civil Court for redressal Crime Public Wrong Breach of Public Duties Object of action is punishing the wrong doer State initiates prosecution against the wrong doer

9. Kinds of Torts • Torts affecting the person • Assault – intentionally creating an apprehension in another person that force would be used against him • Battery – intentional application of force to another without lawful justification • False Imprisonment – total restraint on the liberty of the person without lawful justification

10. Torts affecting reputation • Defamation – publication of a statement which is false and defamatory by the defendant which refers to the plaintiff • Libel – defamatory statement which is addressed to the eye and is actionable per se • Slander – defamatory statement which is addressed to the ear and is actionable only on proof of damage

11. Malicious Prosecution • defendant instituting prosecution • with malice and without reasonable and probable cause • against the plaintiff thereby affecting his liberty, property and reputation and • the prosecution must have ended in plaintiff’s favour

12. Torts affecting Immovable Property • Trespass – unlawful entry upon the land of another or unlawful interference with the possession of land of another • Dispossession – withholding the possession of land from the rightful owner • Injury to easements – injury to a right to support of land and buildings, right to light and air, right to way, right of water and right of privacy

13. Torts affecting Moveable Property • Trespass to goods – wrongfully taking goods out of plaintiff’s possession or forcibly interfering with the goods • Detention – wrongfully withholding the immediate possession of goods from one who is entitled to it • Conversion – willful interference without lawful justification with goods in a manner inconsistent with the rights of the owner

14. Torts affecting both person and property • Negligence – breach of duty of care owed by the defendant to the plaintiff resulting in harm to the plaintiff • Nuisance – unlawful interference with the use or enjoyment of property or with the exercise of common right • Fraud – making a false statement knowingly or recklessly with an intention that another should rely and act to his detriment and the other does so act

15. Remedies • Extra-judicial remedies – Remedies by the act of the parties • Self help • Abatement of Nuisance • Distress damage feasant

16. Judicial Remedies – Remedies available from the Courts • Damages – pecuniary compensation • Specific Restitution of property • Injunctions (Temporary or Permanent), (Mandatory or Prohibitory)

17. Damages • Nominal – damages in recognition of a right • Substantial – compensation for the actual loss • Contemptuous – marks a disapproval of the plaintiff’s conduct • Exemplary – punitive in nature

18. Any Questions ?

19. Thank you