Page 1 of 6 - Semester 1 Kerala University - 2017-2020

Essential of Tort ( injuria sine damno damnum sine injuria) • Wrongful act • Legal damage • Legal Remedy Wrongful act Glasgow Corp v Taylor ( Poisonous tree levees, no fence, children, liable) Legal damage ( injuria sine damno) Bhim singh v State J&K ( assembly , liable) Damnum sine injuria Gloucester grammar school case ( same business,not liable) Remedy for damage by way of compensation Relevance of Evil Motive or Malice Mayor of Bradford corp v Pickles ( well, injunction to restrain, water through land, not liable) Exception • • , deceit, injurious falsehood General Defence of (VIA PMNSE) • Volenti non fit injuria ( defence of ) o Hall v Brook lands Auto racing club ( not liable) Knowledge does not necessarily assent ( scienti non fit injuria) South Indan industry v Alamallu ammal (break cast iron drop, liable) Limitation of this maxim ( Rescue) Hynes v Harwood ( two horse, throw stone, ran to children , police suffer damage, liable) • Inevitable accident Brown v Kendal ( dog fight, stick, not liable) Nitro glycerine case • Act of God Nichols v marsh land ( artificial lake, bridge washed away, not liable) • Private Defence ( reasonable degree) Bird v Holbrook ( spring gun, liable, without warning) Herbert Richard v Munisami( pig, trap, cow, not liable) • Mistake Basley v Clarkson ( land , imagin his. Liable) • Mouse’s case (throw goods out save ship and people) • Statutory authority Hammer smith rail co ( noise, smoke, land price gone down, not liable) • Ex turpi causa no oritur action ( plaintiff wrongdoer) Bird v Holbrook ( spring gun, without warning) Doctrine of • Qui Facit per alium facit per se • Follow two essentials to be present for master – servant • Work done by servant not independent contractor Morgan v Incorporated central council ( lift issue, contractor, building visit) Vicarious liability of hospital Cassidy v Ministry of health ( two finger, hand disable, liable) Lending servant to another Ananamalai timber v Thripunithura dewasam (mahouts , elephant death, liable) • Tort committed in the source of employment

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o Authorize act done Ricketts v Thos Tilling ( owner ominibus, conductor to drive, liable) o Authorized act done in un authorized way Mackeen v Rayno brother ( lorry to go to particular place, he took car, liable) Deviation of Private Frolic Twine v Beans express ( lift friend, not liable) • Doctrine of common employment Rule in Priestley V Fowler Capacity of state to sue and sued in tort ( Rex non protest peccara) 294 and 300 State liable if servant doing non-sovereign functions State of rajasthan v Vidyavahithi ( driver jeep, workshop bring back, liable) Not liable if sovereign function Sec of state v Cockraft ( pwd road, work , military road, not liable , sovereign function) Liability of minor for Torts Montreal Tramways v Leveilice ( liable, club feet baby) Capacity to be sued – minor can be sued, no application of doli incapase Liability of parent for children suit 1. Child act as an agent 2. Father afford his child to do an act Bebee v Sales ( air gun 15 years, father liable, wounded plaintiff) Tortious liability of Insane person Ramagulu v Mullackal Dewasom ( idol, shoe, broke idol, liable) Liability of Teacher ( quasi parental authority) Mansels v Griffin (punishment should be moderate, school regulations, master sound mind) Joint Tort- Feasors • Independent Tort Feasors ( two person drive car collide, kill another person) • Joint Tort Feasors ( parthnership firm, master servant) • Composite tort-feasors KSRTC v Krishna ( driver bus collide, drivers both are liable) Contribution between Joint Tort feasors Marry weathers v Nixon case they cannot sue each other which was later abrogated. , , Mayhem Assault – Stephen v Myers ( parish meeting, fist,liable) Battery Use of Force – Innes v Wylie ( block enter club, police, mere use of force not liable) Justified by law – Pratap Daji V BB & CI Railway ( no ticket, ticket checker, force ) 1. Total restriction of freedom of movement Bird v Jones (boat race, public foot path, defendant was only partial , not liable) 2. Detention should be un lawful Bhim Singh V J& K ( assembly) Remedies for false imprisonment • Action for damage • Self help • Habeas corpus Defamation 499 • Libel • Slander Youssoupoff v Metro Goldwyn Mayer Picture ltd ( is a libel)

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Essential of Defamation 1. The word must be defamatory Ramdhara v Phulwatibai ( keep, maternal uncle, constitute defamation) Parvathi v mannar ( road fight, saying rude words, vulgar abuse, not liable) Innuendo Morrison V Ritihie ( birth twins, two month marriage) 2. Word Must refer to Plaintiff Hulton v Jonees ( priest,gay parties, with a woman) Defamation of a class East wood V Holmes ( all lawyers thieves, not liable)[But if some corporation or limited group then liable) Defamation of dead person 3. Statement must be published Aumuga mudaliar v Annamalai Mudaliar ( letter tort feasor, not liable, not publication) Communication between husband and wife MC Varghese v T J Ponnen ( if reached third party then liable, SC) Defence of Defamation • Justification of Truth • Fair Comments • Privilege o Absolute ▪ Judiciary, legislature, state communication o Qualified ▪ Reports on (Judiciary, legislature, public meetings) Deceit or R v Barnad ( cap , gown member of university , liable) Sree Krishna V Kurukshethra university ( attendance, shortage, exam application, not liable) Exception – Defendant – believe it ture Derry v Peek ( horse power, tram, allowed steam power, not liable) Negligence Ramlila Maidan Incident 1. Defendant should have owed a Donoghue v Stevenson( ginger beer body of a snail, liable) 2. Duty of care must be owed to plaintiff Bourhill V Young ( fishwife, tram car, bike accident, nervous shock, still born still, not liable) 3. Defendant should have committed a breach of duty to take care Glasgow corp v Taylor ( tree poisonous , leaves, liable) 4. Plaintiff should have suffered damage as a result of negligence Res Ipsa Loquitor ( accident itself talk for negligence itself of defendant) Byrne V Boadle ( Flour fell on head , liable) Butterfield V Forcester ( pole across road, horse , speedy , not liable) Defence Last opportunity Rule Davis U Mann ( donkey forefeet tied, wagon driver killed donkey, liable) Indian MysoreRTC V Sibhakar ( suddenly turn bike to right, bus collide, both, 50%) Contributory Negligence of Children Motais Costa V Roque (6yr child knocked down cross road, liable) Children custody of adult Oliver V Brimingham Omnibus ( grand father, child ,injured, liable)

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Occupier Liability of a Dangerous premise • Lawful Visitor Francis v cockerel ( Horse race, liable, grand stand) • Trespass Bird V Halbrook ( spring gun, reasonable , liable)

Rule of & Reyland & Fletcher • Dangerous thing must have been bought to land • Non Natural use of land • Thing Must have escaped • Should have cause damage to the plaintiff Crowhurst v Amersham Burial Board ( Tree poison leaves, cattle eat , died, liable) Ponting v Noakes ( horse intruded boundary eat poisonous leaves, not liable) Exception to the rule • Natural use of land o Reyland v Fletcher • Plaintiff wrongdoer o Ponting v Noaks ( horse intruded to land and eat poisonous leaves) • Act of God o Nichols v Marsh land ( artificial lake, heavy rain damage bridges) • Consent of plaintiff o Carstair v Taylor ( second floor water tank) • Act of third party o Richard and Lothian • Statutory Authority o Green v Chelsea (water supply, burst mine, flooded plaintiff area)

Rule of Absolute Liability • MC Metha V Union of India ( oleum gas, Tis Hazari Court) Liability of Keeping Animals ( Scientier Rule) • Animals ferae nature ( dangerous by nature) • Animals mansuetae ( animals harmless by nature) Hudson v Robers ( Bull, red kerchief, liable) Buckel v Holmes ( Pigeon and cat, not liable) Liability for Ellis v Loftus ( defendants horse, kicked mare , through wire fence, liable) Remoteness Of Damage • Test of directness • Test of reasonable foresight Simth V London and Southwest railway ( heap trimming, grass, spark fire, burn cottage, liable) Wagon Mound Case ( Directness was incorrect) Over seas Tankship V Morts Dock and Eng ( Oil spill, wharf completely, from cotton spark) Test of Reasonable Foresight Bourhil v Young ( Tram car, fishwife, bike accident, saw blood on road, nervous shock, still born baby, biker not liable) Nervous Shock Wilkinson v Downtown (husband broken leg, nervous shock, liable)

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Malicious prosecution Plaintiff has to prove the following • Prosecuted by defendant, Criminal case and convicted, false criminal charge • Prosecution ended favour, or acquitted or withdrawn • Prosecution should be malicious • Prosecution without reasonable cause Arbath v North eastern Railway Com ( B Doctor, A passenger, No sufficient to convict B, B Filed Malicious Prosecution, dismissed ) Nagendhra Nath v Basanth Das ( theft, suspect plaintiff, no evidence, file suit, it was not maintainable because police proceedings is not prosecution) Joseph Goerge v K John 1. Prosecuted by defendant 2. Prosecution ended in Plaintiff favour 3. Defendant acted without reasonable or probable cause 4. Defendant was acted by malice Public (Crime) - Tort if special damage cause to individual Private (Tort) • Plaintiff is the occupier of the land • Defendant act cause unreasonable interference with user enjoyment of land • Interference has caused damage Cristie v Davey ( Music teacher) Champbell v Padington Corporation (King Edward funeral procession) Ellis v Loftus iron Co ( foot in another land or walk half a mile along) Trespass Ab initio Six carpenter case ( inn, wine an bread Remedies if person possession has been disturbed by trespass • Re-entry – force to ousting trespass • Suit for ejectment • Action for mesne profit • Distress damage feasant ( chatte to detain until paid)

Boden v Roscoe ( detail pony, his filly was kicked) Vaspor v Edward ( right to detain when in property, not take back after it return) Trespass to Goods – wrongful interference with the possession of goods which are of plaintiff – defendant detain good wrongfully which belong to plaintiff Banshi V Goverdhan (took cycle not returned) () • Refuse to deliver • Own use • Use for third party • Damaging , lose their identity • Dealing which deprives plaintiff to use it ` Richard v Atinkson ( wine cask) Malicious Falsehood (Title, slander) Ratliff v Evans Passing off ( same goods and same name, same getup) White hundson v Asian corporation ( Singapore, Red cellophane wrapper, cough sweet)

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Effect of Death of Parties in tort – Actio personalis moritur cum persona

How far the death is actionable in Tort Baker v Bolton ( stage coach travel, injuries)

Foreign Tort 1. Theory of Lex fori 2. Theory of Lex Loci Delicti Commissi 3. The proper law of Tort Philips v Eyre Boys V Chaplin Heart Balm Tort • Breach of to marry • / • Alienation affection Remedies available with Respect of Tort Judicial • Damage • Injunction ( Temporary, Perpetual, Mandatory prohibition • Specific restitution of property Extra Judicial • Self defence • Recaption • Expulsion and re-entry • Distress damage Feasant / detain chattel Discharge of Tort • Death of Parties • Accord and satisfaction • Release • Expiry of period • Waiver • By Judgement

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