Law of Torts for CS Executive Jurisprudence Paper

What this chapter covers

Law of Torts: topics in the order to study them

1. 1Introduction to Law of TortsStart here to learn what a tort is and how it differs from crime and breach of contract; every later topic builds on this.
2. 2Essentials of Tort: Wrongful Act and Legal DamageThe two essentials, along with the idea of injury without damage and damage without injury, are the test you apply in every problem.
3. 3General Defences in TortOnce you know when liability arises, learn the defences that remove it, so you can finish every answer with both sides.
4. 4Vicarious Liability and Joint TortfeasorsThis extends liability to employers, principals and co-wrongdoers, so it comes after the basic rules of personal liability.
5. 5Negligence and NuisanceThese are the most tested torts; you need the essentials and defences already clear to apply them.
6. 6Strict and Absolute LiabilityStudy this after negligence so you can contrast liability without fault with liability based on fault.
7. 7Defamation, Trespass and Other Specific TortsThese are separate torts with their own elements and defences, easier to learn once the general framework is firm.
8. 8Remedies in Tort and Consumer ProtectionFinish with what the injured person can obtain, and how consumer law gives a parallel route for some wrongs.

How to prepare Law of Torts

1. Read the introduction and essentials first, and write a one-page note on tort versus crime versus breach of contract.
2. For every tort, list its elements in a short numbered form. In an answer, you will walk through these elements one by one.
3. Learn the defences as a separate list and link each to the torts where it commonly applies.
4. Study the landmark cases given in your ICSI study material. For each, note the facts in one line and the principle in one line. Do not add cases you are unsure of.
5. Practise at least a few problem questions on each major topic using this order: rule, application to the facts, conclusion.
6. Write two or three full answers in exam time, checking that each ends with a clear decision on liability and remedy.
7. In the final week, revise only your element lists, defence list and case-principle notes.

Common mistakes in Law of Torts

• Mixing up tort, crime and breach of contract

  Fix: Fix the test in your mind: who sues, what duty is breached, and what remedy follows. Write this as a short comparison in your answer when asked.

• Writing the rule but not applying it to the facts

  Fix: Use the elements as a checklist and tick each against the facts given. Then state a clear conclusion.

• Confusing strict liability with absolute liability

  Fix: Learn the conditions and the exceptions separately, as in your study material, and note exactly what differs between the two.

• Forgetting defences

  Fix: Add a final check on every problem answer: is any general or specific defence available on these facts?

• Citing cases with the wrong principle

  Fix: Keep a one-line fact and one-line principle for each case. If you are unsure of a case, state the principle without the name.

• Ending without a conclusion or remedy

  Fix: Reserve the last two lines for a decision on liability and the relevant remedy.

Last-day revision: Law of Torts

• ✓A tort is a civil wrong that causes legal damage and is remedied mainly by unliquidated damages.
• ✓The two essentials are a wrongful act or omission and legal damage to the plaintiff.
• ✓Injury without damage can be actionable; damage without injury is generally not.
• ✓Negligence needs a duty of care, breach of that duty, and resulting damage.
• ✓Nuisance is an unlawful interference with the use or enjoyment of land; it may be public or private.
• ✓Strict liability and absolute liability do not depend on proof of fault.
• ✓Defamation is a published statement that lowers a person's reputation; truth and fair comment are defences.
• ✓Trespass to land is direct, unauthorised entry on another's land.
• ✓Consent, necessity, private defence and inevitable accident are general defences.
• ✓An employer is vicariously liable for torts by an employee committed in the course of employment.
• ✓Joint tortfeasors are jointly and severally liable for the same damage.
• ✓Remedies include damages, injunction and, in limited cases, self-help.

Law of Torts practice questions

• A newspaper in Chennai publishes a fair and accurate report of proceedings in a court open to the public, and the report names a witness unf…
• Which of the following statements correctly distinguishes a tort from a breach of contract?
• A patient sues a surgeon alleging negligence after an operation failed, though the surgeon followed a procedure accepted by a responsible bo…
• Dev, a factory owner, stores a large quantity of chemicals. A thief breaks in without Dev's knowledge, tampers with a tank and chemicals esc…
• A cricket ball hit for a six during a match on a ground enclosed by a high fence goes out and injures a passer-by on the road, which happens…
• A mill owner, Kavita Textiles, diverts a stream on its own land, reducing water to a neighbour's farm, in lawful exercise of its rights, wit…
• Ramesh, a spectator, bought a ticket to watch a motor race and was injured when a car skidded off the track, a risk inherent in such races a…
• Which statement about the role of motive in determining liability for a wrongful act in tort is correct in general?