Continuing from Part 1, where we discussed the basics of the law of torts, including what a tort is, its definition, and its nature. In Part 2, we will understand the essential elements that can make an act into a tort, with examples for your better understanding. Let's continue!
Essentials of Tort
A tort is a civil wrong made up of four essential elements. To seek damages for a tort, all these essential torts must be proven. If any of these elements are absent, the tort cannot be proven, and compensation cannot be granted.
These essential elements are:-
A. Wrongful Act or Omission
B. Causation of Legal Injury
C. Legal Remedy
D. Unliquidated Damages
1. Wrongful Act or Omission:
The first essential element to constitute a tort is the commission of a wrongful act or the omission of an act that one is legally obligated to perform. This omission or commission must either infringe on a private legal right or violate a legal duty.
Example: Entering someone's property without their permission is considered a wrongful act because it violates their right to property.
Note: An act that prima facie looks innocent can be tortious if it violates someone's legal right.
Illustration: A neighbour plants a tree near the boundary line of their property. While this act might seem harmless, the tree's branches eventually extend over to the adjacent property, causing damage to the roof and obstructing sunlight. In this case, the neighbour can be held liable for causing property damage, even though planting the tree might initially appear innocent.
Act and Omission: To prove a tort, there must be a wrongful act, which can be something done (a positive act) or something not done (a negative act or omission).
A wrongful act or failure to act when there is a duty to do so can lead to liability. For example, publishing false statements about someone is a wrongful act, while not placing a 'wet floor' sign after mopping is an omission.
2. Causing Legal Injury:
The second important element in proving a tort is showing that there was legal harm or damage. The wrongful act must cause harm or damage to the plaintiff. To understand what legal harm or damage means, we need to look at two key principles, which are:
I. Damnum Sine injuria
"Damnum Sine Injuria" means causing damage without any legal injury.
This happens when someone is harmed, but their legal rights are not violated, so no liability arises.
Example: A opens a grocery shop next to B's shop and offers heavy discounts to his customers. As a result, B's business suffers, and he incurs losses. Although A's actions cause damage to B, they do not violate any of B's legal rights. Therefore, A's actions do not constitute a tort because they do not cause any legal injury to B.
In the Gloucester Grammar School case, the defendant opened a school near the plaintiff's school and charged lower fees. However, this wasn't seen as a legal wrongdoing because it only caused the plaintiff to lose money, and none of their legal rights were violated.
ii. Injuria Sine Damno
"Injuria Sine Damno" means causing legal injury without actual damage. In this situation, someone's legal rights are violated even if there's no real harm done.
For example, if A enters B's house without permission and doesn't damage anything, B can still take legal action because A violated B's property rights. This action by A is considered a tort because it legally harmed B.
In a famous case called Ashby v. White in 1703, Mr. Ashby wanted to vote in an election, but Mr. White, who was in charge, stopped him.
Mr. Ashby was allowed to vote according to the law, but Mr. White prevented him from doing so. Even though Mr. Ashby didn't suffer any money loss because the candidate he wanted to vote for had already won, the court still said Mr. White was wrong. The court decided that harm doesn't just mean losing money; it includes any kind of damage.
3. Legal Remedy:
The third important element is giving the plaintiff a legal remedy if they get injured while exercising their legal rights. This is based on the idea of "Ubi jus ibi remedium" which means where there is right, there will be remedy.
Illustration: A starts a noisy and unpleasant business near B's house. B sues A for nuisance. The court found A liable for causing a private nuisance and granted an injunction, a legal remedy, to stop A from continuing the business.
4. Unliquidated Damages:
The compensation awarded to the plaintiff must be unliquidated, meaning it isn't a predetermined amount. The court will decide how much the defendant should pay the plaintiff.
Example: A dumps toxic waste from his factory into B's garden, killing all the plants. B sues A for negligence. The court found A negligent and ordered A to pay B 5000 rupees as compensation.
The trick to remember the essentials of Tort: WILD - Wrongful Act (Legal) Injury Legal Remedy (Unliquidated) Damages
Landmark Judgements under the Law of Torts
Rural Transport Service v. Bezlum Bibi, 1980
In this case, the conductor allowed people to travel on the roof of the bus. During the journey, one of the passengers was hit by a tree branch, causing him to fall from the bus and get injured. The court said that allowing people to travel on the roof was reckless and negligent. The conductor should have prevented them from doing so. Allowing passengers to travel on the roof of an overloaded bus demonstrated his negligence. Additionally, the passenger who agreed to travel on the roof also contributed to the accident, making it a case of contributory negligence.
Bhim Singh v. State of Jammu and Kashmir, 1986
In this case, the police wrongly held back the plaintiff from participating in the assembly elections. The plaintiff, who is an M.L.A. in the Jammu and Kashmir Assembly, was deprived of his right to personal life and liberty. The court found the defendant responsible and granted the plaintiff a compensation of fifty thousand rupees.
If you don't know the top judgements of 2023, then you should read about the Supreme Court's Top 10 Judgements.
Conclusion
In summary, the essentials of a tort include a wrongful act or omission, causation of legal injury, legal remedy, and unliquidated damages. For an act to be considered a tort, all these elements must be present. Without any of these elements, the tort cannot be established, and no compensation can be granted.
Remember the formula: Wrongful Act + Legal Damage + Legal Remedy = Tort.