20/11/2018 Law Of Torts Notes With Cases Pdf [ Complete Notes For BALLB & BBALLB ] - UPrepareLaw

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Law Of Torts
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Law Of Torts
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 Evolution of Law of Torts :
Process Of Elimination :
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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GENERAL DEFENCES IN TORTS LAW COMPLETE NOTES WITH ALL IMPORTANT CASE LAWS :
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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

not exclusively a breach of contract or breach of trust. “ Dividend Policy

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

across many Common Law Countries,however it is codi ed in American

Indian Partnership Act 1932
Jurisprudence.Law Of Torts are still in the process of development.
Injuria sine damnum
A tort can take place either by the commission of an act or by omission of an act.
Torts In India : Torts existed in the Pre-British era in Hindu Muslim Jurisprudence to JalliKattu

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
Notes

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Process Of Elimination : Malicious Prosecution

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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Private defences

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

Difference Between Law of Tort & Law of Torts : Uncategorized

Volenti Non Fit Injuria notes with

cases

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Di erence Between Law of Tort & Law of Torts

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.

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Difference Between Law Of Torts & Law Of

Contracts :
1. In contract,Parties are known to each other but Tort is imposed by law.
2. Duties are xed by parties in contract while in tort,duties are xed by law.
3. In contract there are liquidated damages whereas in torts the damages are
unliquidated.
4. In contract, privity if contract is present,i.e stranger to contract can not sue, but in tort
privity of contract is absent,i.e. stranger cans sue if tort is committed against him.
5. Leading case : Balfour Vs Balfour(In Contract) & Donogue Vs Stevenson (Ginger beer
case) (In Tort).

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Difference Between Torts & Crime :

1. Torts is a Civil Wrong while Crime is a Public Wrong.
2. Tort is Right In Personam(Right against a person) whereas Crime is Right in rem(right
against the whole world).
3. Parties are known as Plainti & Defendant in Torts while in Crime, Parties are known
as Prosecution & Defence.
4. In Torts, The individual against whom the wrong is done les the case while in Crime
State les the case.
5. Compensation, Injunction are the penalty in tort while in Crime, Punishment or Fine
are the penalty.
6. In Tort two parties can compromise, but in Crime, no compromise is done.
7. Exemplary Damages are provided in some cases.(Eg : Punitive Damages) in Tort while
in Crime, Deterrence : Punishment is given to set an example to the society.(Eg :
Death Sentence).

GENERAL DEFENCES IN TORTS

LAW COMPLETE NOTES WITH ALL
IMPORTANT CASE LAWS : CHECK
HERE
Still Left with doubts ?? Just comment down and we
will reply you as soon as possible.
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General Defences in Torts Law
Notes pdf With Case Laws
March 12, 2017
In "Act Of God with case laws"
Trespass to person : Assault,
Battery and False Imprisonment
in Torts Law ( Complete Notes
pdf )
April 14, 2017
In "Assault"
Malicious Prosecution Complete
Notes pdf ( With All Famous
Case Laws ) : Law Of Torts
May 1, 2017
In "Law of Tort"

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Click Here to Leave a Comment Below 17 comments

Malicious Prosecution Complete Notes pdf ( With All Famous Case Laws ) : Law
Of Torts - UPrepareLaw - May 1, 2017

[…] probable cause. When such prosecution causes actual damage to

the party prosecuted, it’s a tort for which he can bring an […]

Reply

Himanshi - August 5, 2017

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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.

Reply

Shaily - August 17, 2017

Thank you so much for these notes. Your notes are always helpful to
me. Keep up the good work.

Reply

Alpana - August 20, 2017

I didnt get anything on abetment….plz suggest something as i hav to do

an assignment on abetment under tort and its relevance in india

Reply

voice - September 1, 2017

Pгеtty! Thiѕ has been an e tremely wonderful article.

Thanks for supplying this info.

Reply

omprakash mali - September 20, 2017

VVVery helpful article. thanks for posting this article

Reply

Shreya - September 30, 2017

Nice Article Very Helpful ! Thanks for sharing !

Reply

Jahanara - October 31, 2017

This is a very useful work…truly helpful.keep up the good work and

thank you

Reply

Bock - November 6, 2017

How about you compile this piece in a PDF? It’d be more helpful

Reply

SHYAM SUNDER GROVER - November 20, 2017

Explained law of Tort and di erences in a very lucid manner . Thanks.

Reply

Augustine Benedict - March 9, 2018

I am very grateful for allowing me to gain access to the notes.Inow

require notes on future contracts.
Thanks
Benny

Reply

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20/11/2018 Law Of Torts Notes With Cases Pdf [ Complete Notes For BALLB & BBALLB ] - UPrepareLaw
enejor friday - April 26, 2018

I am in need of a complete book on the law of torts

Reply

OKELLO YUBU - May 21, 2018

Thanks for your legal generosity.continue sharing with us,even on civil

and criminal procedure.

Reply

PAWAN SINGH baghel - July 11, 2018

What are the pitfalls or shortcomings of torts

Reply

Tom Opiyo - July 23, 2018

It is not clear so it can’t help us

Reply

icewallowcome - September 2, 2018

wow this saved so much time

Reply

aridaman raghuvanshi - September 22, 2018

how much is mental element important in tortious liability?

Reply

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