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Evolution of Law of Torts :
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Essentials Of Torts : UPREPARELAW
Di erence Between Law of Tort & Law of Torts :
Law Of Tort :
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Law Of Torts :
Di erence Between Law Of Torts & Law Of Contracts :
Di erence Between Torts & Crime :
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“Law of Torts”,The word TORT is derived form the Latin word “TORTUM” that means General Defences in Torts Law Notes
pdf With Case Laws
“TWISTED”.It can be related to the English word “WRONG”.
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Meaning Of Tort :
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In very simple words,Whenever a wrong doer violates some legal rights vested in another
person,it is simply said a tort.For Example : Violation of a duty to injure the reputation of CATEGORIES
someone else results in the torts of Defamation,Violation of a duty not to defraud another
results in the tort of deceit,etc.
Act Of God with case laws
Di erent Philosophers de ned the torts di erently,the important one’s are here :
Assault
According to Salmond , “It is a civil wrong for which the remedy is common law action
Battery
for unliquidated damages and which is not exclusively the breach of the contractor
the breach of the trust or other merely equitable obligation. “ Constitutional Law
According to Win eld , “Tortious liability arises from the breach of duty primarily xed Cost of Capital
by the law : this duty is towards the persons generally and its breach is redressible by
Damnum Sine Injuria
an action for unliquidated damages. “
According to Fraser , “It is an infringement of legal right in rem of a private individual Di erence between Law of Torts and
Law of contract
giving a right for compensation at the suit of injured party. “
According to Section 2(m),The Limitations Act,1963 , “Tort means a civil wring which is Di erence between Torts and Crime
Now the points that can be deduced after going through these de nitions by di erent Doctrine of Harmonious Construction
of Entries
scholars are that :
False Imprisonment
1. Tort is said to be committed when the legal rights of a person is harmed by the other.
2. The damages or compensation is made to the aggrieved party by the other party. Financial Management
3. The party against which to tort is committed is known as the Aggrieved Party and acts General Defences in Torts Law
as Plainti while the party by whom the tort has been committed acts as Defendant.
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The Torts were formally introduced in England after the Norman invasion through the
courts of Normandy and Angevin Kings of England.Though is Torts are uncodi ed Importance of Cost Of Capital
deal with fraudulent conduct.But the thing was that the scope of torts was narrow at
Law of Contracts
that time.British Empire brought the Common Law and the Tort Law to India by the 3
Law of Tort
Presidency Courts through the e orts of Sir Henry Man and Sir James Stephens.An
attempt was made to codify the torts in India by Sir Federick Pollock but was not Legal News
succeeded in doing so as the Indian Civil Wrong Bill was never legislated.
Leverage Financial Management
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20/11/2018 Law Of Torts Notes With Cases Pdf [ Complete Notes For BALLB & BBALLB ] - UPrepareLaw
Whenever a wrong is done, the very rst thing that is identi ed is that whether the wrong is Mistake in Law of torts
a criminal wrong or a civil wrong .If it is civil wrong then it is checked by placing the wrong in
Nature of Partnership Firm
the Breach of Contract,if the wrong doesn’t ts in breach of contract,then it is tried to place
in Breach of Trust.If the wrong doesn’t ts in either breach of trust or breach of Necessity in law of torts with cases
contract,then it will be considered as tort.
Plainti the wrongdoer notes with
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Right to Sleep
Essentials Of Torts :
Rights and Duties of a Partner
1. There should be a wrongful act/omission on the part of a person.
Statutory Authority in general
2. The wrongful act/omission must result in infringement of legal rights of another
defences in torts law
person.
Trespass to person
3. Legal remedy for the wrongful act/omission.
Types of Cost of Capital
DMCA PROTECTION
Law Of Tort :
According to Win eld & Pollock,All injuries done to another person are tort unless
there is some jurisdiction recognized by law.
Therefore,this theory conveys that torts not merely consists those torts which have
acquired speci c names,but also includes the wider perception that all unjusti ed
harm is tortious.
Law Of Torts :
This Theory was supported by Salmonds and is also known as PIGEON HOLE THEORY.
According ti this theory,the law of torts consists of a set of pigeon holes,each hole
contains a speci ed tort.If the wrong doesn’t t in any of these pigeon holes,then no
tort is said to be committed.
Law of Torts is not yet codi ed because codifying it will limit it’s scope.
Learn more
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20/11/2018 Law Of Torts Notes With Cases Pdf [ Complete Notes For BALLB & BBALLB ] - UPrepareLaw
whoah this website is fantastic i like studying your articles.
Keep up the good work! You understand, lots of people are hunting
round for this info, you can aid them greatly.
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Thank you so much for these notes. Your notes are always helpful to
me. Keep up the good work.
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How about you compile this piece in a PDF? It’d be more helpful
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enejor friday - April 26, 2018
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