INTERNAL EXAMINATION

LAW OF TORTS
BALLB 2019 2ND sem.

PART A
Q. NO. (1)
a) The word Tort is derived from the Latin term Tortum which means
“twisted”.
b) general damages and special damages.
c) humans whatsoever.
d) the master will be held liable for any wrong arising out of such act,
e) Image result for which is "qui facit per alium facit per se"www.infipark.com
Qui facit per alium facit per se. Qui facit per alium facit per se is a Latin legal
term that means, "He who acts through another does the act himself." It is a
fundamental legal maxim of the law of agency.

PART B
Q. NO. (2)

a) Definition of Negligence
According to Winfield and Jolowicz “Negligence is the breach of a legal duty to
take care which results in damage, undesired by the defendant to the
plaintiff.”

Lord Wright states that “Negligence means more than headless or careless
conduct, whether in commission or omission; it properly connotes the complex
concept of duty, breach, and damage thereby suffered by the person to whom
the duty was owed.”
Browse more Topics under Law Of Torts
Nature and Concept of Tort
General Principles of Liability in Tort
General Defences to an Action in Tort
Vicarious Liability
Joint Liability
The Rules of Strict Liability
Absolute Liability
Extinction of Liability
Tort affecting the person
Torts affecting movable and immovable object

Essentials of Negligence Tort

1. Duty to Take Care
There is an important condition under the liability for negligence that the
defendant owes a legal duty towards the plaintiff. The following case laws will
help us to understand the important element.

2. Duty to whom
Donoghue v. Stevenson, 1932 AC 562, adds further to this idea and expands
the scope of duty by stating that the duty so raises extends to our neighbor.
While explaining who is my neighbor LORD ATKIN states that the answer must
be “the persons who are so closely and directly affected by my act that I ought
reasonably to have them in contemplation as being so affected when I am
directing my mind to the acts or omissions which are called in question”.

3. Duty must be towards the plaintiff

It is not ample that the defendant owes a duty to take care of. A duty should
be there, according to which, the defendant should owe a duty of care towards
the plaintiff.

b)
Tort-
n. from French for "wrong," a civil wrong or wrongful act, whether intentional
or accidental, from which injury occurs to another. Torts include all negligence
cases as well as intentional wrongs which result in harm. Therefore, tort law is
one of the major areas of law (along with contract, real property and criminal
law) and results in more civil litigation than any other category.

Torts:
In simple words what constitutes torts is, when there is a wrongful act and that
was the result of the breach of duty of care and that breach has caused
damage to a person which he legally entitled to and has a remedy in a court of
law, it results in torts.
Crime:
crime is a criminal offence of criminal nature which is punishable under the
provisions of the penal laws. Different crimes are punishable in different ways
i.e. by way of imprisonment or by way of fine and imprisonment or by by way
of imprisonmrnt and fine together.

c) The term Volenti Non-Fit Injuria is a Latin maxim which refers to a willing
person, an injury is not done. It is a common law doctrine, according to this
doctrine the person who voluntarily gives consent for any harm to suffer would
not be liable to claim any damages for the same and this consent serves as a
good defence against the plaintiff. The person who himself voluntarily waived
or abandoned his right cannot have any claim over it Provided this doctrine is
only applicable to the extent that a normally prudent person would have
assumed to have suffered the risk.
So, if a batsman is hit by his other player having the wrong intention then this
defence won’t serve as the good defence against the defendant, as the
batsman has agreed to suffer the harm caused to him during the game and
that too not voluntarily with the wrong intention.

d) Facts
In 1860, Rylands paid contractors to build a reservoir on his land, intending
that it should supply the [[Ainsworth Mill, Breightmet|Ainsworth Mill]] with
water. Rylands played no active role in the construction, instead contracting
out to a competent engineer. While building it, the contractors discovered a
series of old coal shafts and passages under the land filled loosely with soil and
debris, which joined up with Thomas Fletcher's adjoining mine.<ref>Bohlen
(1911) 298</ref> Rather than blocking these shafts up, the contractors left
them.<ref>Elliott (2007) 288</ref> On 11 December 1860, shortly after being
filled for the first time, Rylands' reservoir burst and flooded Fletcher's mine,
the Red House Colliery, causing £937 worth of damage.<ref>Simpson (1984)
212</ref> Fletcher pumped the water out, but on 17 April 1861 his pump
burst, and the mine again began to flood