Law of Torts
[For LL.B & Commerce Students
of various Universities of India;
Civil/Judicial Services Aspirants]
Dr. ASHOK K. JAIN
LL.M; Ph.D (Delhi)
Ascent Publications
21 /29, Shakti Nagar, Delhi-110007
, Copyright © 1997 - ASCENT PUBLICATIONS, Delhi.
First Edition, 1997
Second Edition, 1999
Reprints with Supplements 2004 & 2007
Third (Enlarged) Edition, 2008
Fourth Edition, 2010
Fifth Edition, 2012
Price Rs. 160.00
All Rights Reserved No part of this work may be copied, reproduced, adapted, abridged
or translated, stored in any computer or transmitted in any form by any means without
prior written permission of the publishers.
Published By Ascent Publications, 21/29, Shakti Nagar, Delhi.
Printed at G. S. Offset, Delhi.
, CONTENTS
CHAPTER 1. INTRODUCTION: DEFINITION NATURE AND SCOPE
Evolution of Law of Torts in England and India 1
Purpose/Function of the Law of Torts 2
Remedies in Tort 4
Nature and Definition of Tort 4
Analysis of Winfield’s Definition 6
Foundation of Tortious Liability: Law of Tort or Law of Torts? 8
Comparison of Tort with Other Branches of Law 11
Discharge of Tort 17 Waiver of Tort 17
Disability to Sue and To be Sued in India 17
General Conditions of Liability for a Tort 18
Injuria sine damnum 19, 31
Damnum sine injuria 22, 31
Contractual and Tortious Liability 27
Mental element in Tortious Liability (Malice) 33
CHAPTER 2. DEFENCES AGAINST TORTIOUS LIABILITY
Volenti Non Fit Injuria (Defence of Consent) 40, 63, 66
Limitations / Exceptions to the Maxim 47, 67
Rescue Cases 48
Plaintiff the Wrongdoer 51
Inevitable Accident 51
Act of God - vis Major 53
Pivate Defence 55
Mistake 57
Necessity 57
Statutory Authority 58
Acts causing Slight Harm 61
CHAPTER 3. NEGLIGENCE
Theories of Negligence 69
Meaning and Definition of Negligence 71
Essentials of Negligence 73
Res Ipsa Loquitur (Proof of Negligence) 86, 113
Defences to Negligence 94
Professional Liability for Negligence 96
, Page iv Law of Torts
CHAPTER 4. NERVOUS SHOCK
Nervous Shock: Reasonably Foreseeable Consequence of
Negligence 116
Illustrations/Cases 118
CHAPTER 5. REMOTENESS OF DAMAGE
Remoteness: A Limitation to an Action for Negligence 133
Tests of Remoteness of Damage 135
Intended Consequences 143
When the Damages Excluded as Too Remote 144
Chapter 6. No Fault Liability: Strict and Absolute Liability
Strict Liability 150
Rule in Rylands v Fletcher 151
Applicability of Rylands Rule in India 158
Rule of Absolute Liability (Rule in M.C. Mehta Case) 164
Public Liability Insurance Act, 1991 169
National Environment Tribunal Act, 1995 171
Comparison of Rylands Rule with M.C. Mehta's Rule 174
CHAPTER 7. VICARIOUS LIABILITY INCLUDING STATE LIABILITY
Liability Arising Out of a Special Relationship 178
Principles on which the Vicarious Liability is Based 180
Respondeat Superior 180
Qui facit per alium facit per se 181
Who is a Servant? 182
The Course of Employment 185
Vicarious Liability of the State 193, 206
Doctrine of Sovereign Immunity 194
Vicarious Liability: Plea for Review 197
Law Commission of India, First Report, 1956 204
Torts Committed in Exercise of Statutory Duties 211
CHAPTER 8. DEFAMATION
Libel and Slander 216
Essentials of Defamation (Libel) 219, 239
The Innuendo 221, 241
Defences to Defamation 229
Justification or Truth 229
Fair Comment 230
Privilege 231
Burden of Proof 236
Remedies for Defamation 237
Apology 238
[For LL.B & Commerce Students
of various Universities of India;
Civil/Judicial Services Aspirants]
Dr. ASHOK K. JAIN
LL.M; Ph.D (Delhi)
Ascent Publications
21 /29, Shakti Nagar, Delhi-110007
, Copyright © 1997 - ASCENT PUBLICATIONS, Delhi.
First Edition, 1997
Second Edition, 1999
Reprints with Supplements 2004 & 2007
Third (Enlarged) Edition, 2008
Fourth Edition, 2010
Fifth Edition, 2012
Price Rs. 160.00
All Rights Reserved No part of this work may be copied, reproduced, adapted, abridged
or translated, stored in any computer or transmitted in any form by any means without
prior written permission of the publishers.
Published By Ascent Publications, 21/29, Shakti Nagar, Delhi.
Printed at G. S. Offset, Delhi.
, CONTENTS
CHAPTER 1. INTRODUCTION: DEFINITION NATURE AND SCOPE
Evolution of Law of Torts in England and India 1
Purpose/Function of the Law of Torts 2
Remedies in Tort 4
Nature and Definition of Tort 4
Analysis of Winfield’s Definition 6
Foundation of Tortious Liability: Law of Tort or Law of Torts? 8
Comparison of Tort with Other Branches of Law 11
Discharge of Tort 17 Waiver of Tort 17
Disability to Sue and To be Sued in India 17
General Conditions of Liability for a Tort 18
Injuria sine damnum 19, 31
Damnum sine injuria 22, 31
Contractual and Tortious Liability 27
Mental element in Tortious Liability (Malice) 33
CHAPTER 2. DEFENCES AGAINST TORTIOUS LIABILITY
Volenti Non Fit Injuria (Defence of Consent) 40, 63, 66
Limitations / Exceptions to the Maxim 47, 67
Rescue Cases 48
Plaintiff the Wrongdoer 51
Inevitable Accident 51
Act of God - vis Major 53
Pivate Defence 55
Mistake 57
Necessity 57
Statutory Authority 58
Acts causing Slight Harm 61
CHAPTER 3. NEGLIGENCE
Theories of Negligence 69
Meaning and Definition of Negligence 71
Essentials of Negligence 73
Res Ipsa Loquitur (Proof of Negligence) 86, 113
Defences to Negligence 94
Professional Liability for Negligence 96
, Page iv Law of Torts
CHAPTER 4. NERVOUS SHOCK
Nervous Shock: Reasonably Foreseeable Consequence of
Negligence 116
Illustrations/Cases 118
CHAPTER 5. REMOTENESS OF DAMAGE
Remoteness: A Limitation to an Action for Negligence 133
Tests of Remoteness of Damage 135
Intended Consequences 143
When the Damages Excluded as Too Remote 144
Chapter 6. No Fault Liability: Strict and Absolute Liability
Strict Liability 150
Rule in Rylands v Fletcher 151
Applicability of Rylands Rule in India 158
Rule of Absolute Liability (Rule in M.C. Mehta Case) 164
Public Liability Insurance Act, 1991 169
National Environment Tribunal Act, 1995 171
Comparison of Rylands Rule with M.C. Mehta's Rule 174
CHAPTER 7. VICARIOUS LIABILITY INCLUDING STATE LIABILITY
Liability Arising Out of a Special Relationship 178
Principles on which the Vicarious Liability is Based 180
Respondeat Superior 180
Qui facit per alium facit per se 181
Who is a Servant? 182
The Course of Employment 185
Vicarious Liability of the State 193, 206
Doctrine of Sovereign Immunity 194
Vicarious Liability: Plea for Review 197
Law Commission of India, First Report, 1956 204
Torts Committed in Exercise of Statutory Duties 211
CHAPTER 8. DEFAMATION
Libel and Slander 216
Essentials of Defamation (Libel) 219, 239
The Innuendo 221, 241
Defences to Defamation 229
Justification or Truth 229
Fair Comment 230
Privilege 231
Burden of Proof 236
Remedies for Defamation 237
Apology 238
