Short Note on Tort

Short note on Tort 

Written by – Shalini Bishi

Q-1 What do you understand by “Tortious Liability” is it “law of tort” or “law of torts” Explain

According
to Winfield

“Tortous
liability arise from the breanch of duty primarily fixed by law this duty is
towards persons generally and it breach is nedressable by an action from unliquidated
damages.” 

When Tortious
liability arises

1- from breach
of duty

2-civil
wrong

3-against
public altarage

Law of
Torts and Law of Torts

Law of
torts is continuing form few principles and case laws enforce enforce so it
know as law of torts. Tortious liability is a law of torts because Tortious
liability is also in continuing form.

Q-2 Explain the extent and scope of the doctrine of volunti non fit injuria in the law of torts . A is under a imminent danger created by the wrongful act of D.P. a stranger to A ,intervenes to save A from the injury but injuries himself in the process. can P claim compensation from D .

 Volenti non
fit injuria- The person himself give consent to sustain injury

Extent and
scope -:

There are 2
essentials of the maxim

1- The plaintiff
know that the act may case harm

2- Knowingly
give consent to the person the consent may implied or expressed.

Extend

1- Rescue Cases

When a
person take risk to rescue someone and cause harm to himself during rescue someone
and cause harm to himself during rescue other then the plaintiff conclaim
compensation from defendant .

2-illegal
act

Plaintiff
give consent to an act which is illegal forbidden by law then also plaintiff
conclaim compensation here. P conclaim compensation from D because here rescue
case will applied and rescue case is an exception to the maxim volenti non fit
injuria.

P trying to
save A but injured himself in the process so D is liable to pay compensation P

Q-3 What is meant by the term”course of employment” for the purpose of determining vicarious liability of master for thewrongful act of his servant , is the master liable for the act of his servent , is the master liable for the act of his servant which the master had expressly forbidden his servant to do .

Course of
employment means the period of time when the employees perform his act according
to the command and order of employer. For determining
various liability the employee should reform under the employer . if the
servant do any wrongful act then the master will liable for that

 Vicarious
liability – when any servant agent  employee perform any act for his master or
employee perform any harm cause to other person then the master will liable for
that act of servant .

e.g “A”
servent drive the con of his master B if A make any accident and harm cause to C
then bisliable for the accident .

if the
master had expressly forbidden his servent to do an act but the servent do that
act then the servant will liable.

Illustration
– master expressedly forbidden his servant not to break traffic rules but the
servant broke traffic rules and cause a accident here master will not liable for
the accident

Q-4 Discuss the two defendence of justification and fair comment available to a defendent in an action for defamation . explain and illustrate. 

Defamation
means made untrue statement refer to the plaintiff which harm the reputation of
plaintiff 

Essentials –
1 their must be untrue statement

                     2- refer to the plaintiff

                     3- interntion is not
required

                     4- statement harm the
reputation of plaintiff.

Type of defamation

1- lible-
defamation in written form or printed or painted which is in permanent form .

2- slander-
defamatory statement made in oral form.

Defence of
Defamation

1-
Justification – if there is any reasonable and valid ground behind making of
the statement .

Illustration
– A make a statement that “B is a thief “ because he saw watch of c in the hand
of B.

2- fair
comment- fair comment means when the statement is true

Illustration

A make a statement – B have blackmoney and the
statement is true