Tort Latin word -Tortum mean Twisted
Uncodified judge made law
Nature :- Civil Wrong which are violation of a right in rem,leading injury and redressible by unliquated damages
It is not breach of contract
Limitation act 2 A defines Tort
Leagl injury:- loss
Damnum sine injuria:-
damages without injury
Damage - loss or hurt
Damages - compensation
Gloucester Grammar School case
Moghul steamship corporation vs Mc Gregor Gow & Co
Mayaor of Balford vs Pickles
Ashrafilal V/s Municipal corporation of agra
In Marzetti V/s Willams
Injuria sine Damnum
Violation of leagl right without any damage
Ashby V/s White
General defences
Volenti non fit injuria
Where sufferer is willing no injury
Act of god
There must be natural forces at work
The occurrence must be extraordinary and not one which could be anticipated and reasonably guarded against
Nichols v Marsland lake case
Private defence
Sc 96 to 106 of IPC
Necessity
Salus populi suprema lex
Welfare of people is the supreme law
Mistake
Plaintiff being a wrongoer
Inevitable accident
Statutory authority
Types of Tort
Fault liability
Intention negligence reckless
Motive
Malfeasance misfeasance and Nonfeasance
No fault liability
Negligence
Duty of care
Breach of duty
Damage
Damage must be not remote
Res ipsa loquitor proof of negligence
Contributory Negligence
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