Essential elements of Torts
Topic Overview
Elements Matrix
Wrongful Acts, Omissions, and Legal Interest Rights
Core Maxims
Injuria Sine Damnum & Damnum Sine Injuria Foundations
The purpose of law of tort is to prevent unjustifiable injury to a person.
Essential elements of taught are:
- 1) Wrongful act or Omission
- 2) Legal damage.
- 3) Drumful act must be of nature to give a legal remedy.
1. Wrongful act or omission
An act can be considered to be wrongful when it affects legal right.
It also includes omission
So, the act which are not wrongful in law would not give rise to an action in tort.
An act can be morally wrong, but does not infringe legal right is not wrong in is not tort
What is a legal right? Legal right is a legally protected interest, right recognised by law and can be enforced
Legal wrong also include omission, a person who is assigned a duty, but did not perform his duty due to his omission Someone’s right gets infringed
2. Legal Damage
Not every damage can be tort. It must be damage in eyes of law. There may be a wrong done to a person which has not caused his legal damage, is not maintainable.
Ingredients:
- i) Infringement of Legal
- ii) Presumption of injury or Damage.
- iii) Proof of damage suffered
Legal damage can be best illustrated by 2 maxims
- I) Injuria Sine Damnum
- II) Damnum sine Injuria
I) Injuria Sine Damnum
Injuria – infringement of legally protected rights
Sine – without
Damnum – Actual physical loss
This maxim means injury of illegal right without actual physical loss.
This maxim is actionable.
Abhay v. White
Plaintiff was deprived wrongfully by defendant to register a duly tender vote where plenty was qualified voter Court held action was allowed because legal rights was infringed
Bhim Singh v. State of J&K
Bhim Singh, an MLA of Jammu and Kashmir was wrongfully detained while he was going to attend assembly session and also know Not brought before magistrate. Within 24 hours, court awarded Exemplary damages of 50,000
II) Damnum sine Injuria
Damnum – Actual physical loss
Sine – without
Injuria – infringement of legally protected rights
Damage without legal injury, This Maxim is not actionable
Mere loss of money or money’s worth is not legal damage.
Even if the party injured is intentional injured still doesn’t have claim in law.
Example - A have a mill and B set up his mill beside a due to which A is facing losses. It is not actionable.
Acton vs Blundell
Defendant was carrying on mining operation in his own land, resulting drying of plaintiff Court held that no action can be taken.
Vishnu Dutta Sharma vs Board of High School
Student face one year loss because detained from school due to short of attendance. Later came to know that college did not maintain attendance register. Court had that damage for loss must be given. This case is of damage without legal injury.
3) Legal Remedy for Legal Damage
The wrongful act must come under the category of wrong from which the remedy is civil action for damages.
A tort and damages are interrelated damages in tort are unliquidated (Not fix amount of damage)
Damages quantum defined on Discretion of court
Ubi jus lbi Remedium - there is no wrong without remedy, where there is right there is remedy, this maxim was established in Abhay v. White
Jus - legal authority to do or to demand something
Remedium- The right of action for recovery and assertion of a right
Noor Mohammad v. Ziaddiam
In case of Noor Mohammad v. Ziaddiam the boy’s side left marriage hall abandoning the bride just because bride’s parents did not pay for incurred by boy’s side for expense for incurred by boy’s side for dancing girls. Court held bride and her parents are providing damages for recovering and maintenance and expense of frustrated
Limitation of maxim: No Legal Remedy for
- 1) Every Political or Moral
- 2) For Breath of solemn promise without seal on consideration
- 3) For verbal slander
- 4) For which statutory penalty is provided