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20 Essential Tort Law Terms Every Law Student & Judiciary Aspirant Must Know
- The Law Gurukul
- Jun 19
- 2 min read
Introduction
Tort law forms the backbone of civil wrongs and compensation in India. For CLAT, judiciary aspirants, and law students, understanding these concepts is crucial for handling cases involving negligence, injuries, and civil liabilities.
In Part 6 of our "Legal Lexicon" series, we break down 20 fundamental tort law principles with clear definitions, landmark cases, and practical examples.
1. Tort vs Crime
Key Difference:
Tort: Civil wrong (compensation)
Crime: Criminal offense (punishment)
Example:
A car accident can lead to:
✔ Tort claim (compensation for injuries)
✔ Criminal case (if drunk driving)
2. Negligence Essentials
To prove negligence (Donoghue v Stevenson):
Duty of care
Breach of duty
Causation
Damages
Example: Doctor failing to diagnose treatable condition
3. Strict Liability (Rylands v Fletcher)
Principles:
Dangerous substance escapes
Non-natural land use
No need to prove negligence
Modern Application: Industrial chemical leaks
4. Vicarious Liability
When employers are liable for employees' torts:
✔ Acting during employment
✔ Within scope of work
Example: Delivery driver causing accident while on duty
5. Nuisance
Types:
Private: Affects individual (loud music at night)
Public: Affects community (factory pollution)
6-20: Key Tort Law Concepts
Term | Definition | Case Law | Example |
6. Damnum Sine Injuria | Harm without legal injury | Gloucester Grammar School Case | Business loss from lawful competition |
7. Injuria Sine Damno | Legal injury without actual harm | Ashby v White | Denied voting right despite same election result |
8. Defamation | Harming reputation | R. Rajagopal v State | False news article damaging reputation |
9. Malicious Prosecution | Wrongful legal proceedings | West Bengal State v Subodh Gopal | Filing false criminal complaint |
10. Trespass | Unauthorized interference | Basely v Clarkson | Entering neighbor's land without permission |
11. False Imprisonment | Unlawful restraint | Bird v Jones | Wrongful confinement in store |
12. Assault & Battery | Threat + physical contact | Stephens v Myers | Raising fist + actual hitting |
13. Consumer Torts | Product liability | Donoghue v Stevenson | Defective soda bottle injury |
14. Medical Negligence | Professional malpractice | Jacob Mathew v State | Surgical instrument left in patient |
15. Occupier's Liability | Premises safety | Indermaur v Dames | Customer slipping in wet supermarket |
16. Nervous Shock | Psychological harm | Dulieu v White | PTSD from witnessing accident |
17. Contributory Negligence | Plaintiff's shared fault | Davies v Mann | Jaywalker hit by speeding car |
18. Volenti Non Fit Injuria | Consent as defense | Wooldridge v Sumner | Sports injury during match |
19. Remoteness of Damage | Foreseeable consequences | Wagon Mound Case | Oil spill causing unforeseeable fire |
20. Quantum of Damages | Calculating compensation | Rookes v Barnard | ₹10 lakh for permanent disability |
Why Tort Law Matters?
✅ Exam Relevance:
CLAT: 4-6 questions annually
Judiciary: 8-12% weightage
Law school: Core subject in LLB
✅ Practical Applications:
Medical malpractice claims
Motor accident compensation
Consumer protection cases
Landmark Indian Cases
MC Mehta v Union India (Bhopal Gas Tragedy)
Poonam Verma v Ashwin Patel (Medical negligence)
Nizam Institute case (Highest medical compensation)
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