Law of
Torts
Thirty-seven chapter notes covering the law of civil wrongs — the general principles of tortious liability, vicarious liability and master-servant relations, the named torts of negligence, nuisance, trespass, defamation, malicious prosecution, false imprisonment, the doctrine of strict and absolute liability, and the special remedies of damages and injunction. Doctrine first, ingredients second, leading case third.
Civil wrongs — from the named torts to absolute liability.
The law of torts is largely uncodified in India. Indian courts have built the subject through common-law reasoning, drawing on English precedent but adapting it to Indian conditions. The classical doctrines — injuria sine damno, damnum sine injuria, the rule in Rylands v. Fletcher, the neighbour principle of Donoghue v. Stevenson — have been substantially adopted with Indian innovations. The Supreme Court’s expansion of strict liability into absolute liability in M.C. Mehta v. Union of India (Oleum Gas Leak) is the most consequential Indian doctrinal contribution.
These notes anchor every chapter to a doctrine or a named tort. The most-tested doctrines are the general principles of tortious liability, vicarious liability with the course-of-employment test, the four ingredients of negligence (duty, breach, causation, damage), the distinction between public and private nuisance, the defamation framework with the seven defences, and the absolute-liability doctrine.
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the doctrine or named tort, the ingredients the plaintiff must prove, the defences available to the defendant, the measure of damages, and the leading authority.
How to read these notes
Start with the doctrine.
Every chapter opens with the relevant doctrine or named tort — negligence, nuisance, trespass, defamation, conversion, malicious prosecution, vicarious liability, strict or absolute liability. Read the doctrine first, then the ingredients, then the leading case.
Test the ingredients.
Every tort question reduces to whether the plaintiff has proved every ingredient of the named tort. Negligence requires duty, breach, causation, and damage — four ingredients, all four must be made out. Defamation requires a defamatory statement, of and concerning the plaintiff, published to a third party, and false. Failing to identify the missing ingredient is the most common analytical error.
Test on the leading case.
If you can restate the holding of Donoghue v. Stevenson, Rylands v. Fletcher, or M.C. Mehta v. Union of India in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 37 chapters, in 6 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Foundations — General Principles
Definition + maxims + tort vs contract vs crime
The definition of tort, the distinction between tort and contract and crime, the foundational maxims — ubi jus ibi remedium, injuria sine damno (Ashby v. White), damnum sine injuria (Gloucester Grammar School), volenti non fit injuria. The mental element in tort — intention, motive, malice. The capacity in tort including the position of minors, persons of unsound mind, and the State.
Introduction — Definition, Nature, Scope of Law of Torts
TORT · 02Distinction — Tort vs Crime, Tort vs Breach of Contract, Tort vs Quasi-Contract
TORT · 03Essentials of Tort — Wrongful Act, Legal Damage, Legal Remedy
TORT · 04Damnum Sine Injuria and Injuria Sine Damno
TORT · 05Mental Elements in Tort — Malice, Intention, Motive, Negligence
Vicarious Liability & Joint Tortfeasors
Master-servant + principal-agent + State
The doctrine of vicarious liability, the master-servant relationship and the course-of-employment test, the principal-agent relationship, the position of independent contractors and the casual carve-out, the State liability for torts of public servants under Article 300 with the sovereign-non-sovereign distinction (now largely abandoned), and the rules on joint tortfeasors and contribution.
Negligence
Duty, breach, causation, damage
The neighbour principle from Donoghue v. Stevenson, the four ingredients of negligence — duty of care, breach of duty, causation, and damage. The standard of care varying by relationship (medical, professional, occupier). The doctrine of res ipsa loquitur. Contributory negligence and comparative negligence. The doctrine of foreseeability and remoteness from The Wagon Mound.
Mistake — Of Fact, Of Law
TORT · 12Necessity
TORT · 13Statutory Authority
TORT · 14Capacity in Tort — Minors, Lunatics, Married Women, State, Corporations
TORT · 15Vicarious Liability — Master-Servant, Principal-Agent, Partners
TORT · 16Vicarious Liability of State — Sovereign and Non-Sovereign Functions
TORT · 17Strict Liability — Rylands v Fletcher and Exceptions
Nuisance, Trespass & Strict Liability
Land-related torts + Rylands v. Fletcher + M.C. Mehta
The distinction between public and private nuisance, the ingredients and defences of each. The trespass to land, to person (assault, battery, false imprisonment), and to goods (conversion, detinue). The rule in Rylands v. Fletcher with its exceptions (act of God, act of stranger, statutory authority, plaintiff’s default, consent). The Indian innovation of absolute liability in M.C. Mehta.
Absolute Liability — MC Mehta v Union of India
TORT · 19Joint and Several Tortfeasors — Contribution
TORT · 20Discharge of Torts — Death, Limitation, Waiver, Accord, Release
TORT · 21Remedies — Judicial (Damages, Injunction, Specific Restitution) and Extra-Judicial
TORT · 22Damages — General, Special, Nominal, Exemplary
TORT · 23Negligence — Definition, Essentials (Donoghue v Stevenson)
TORT · 24Duty of Care — Neighbour Principle, Foreseeability
Defamation, Malicious Prosecution & Personal Torts
Reputation + process + person
The two forms of defamation — libel and slander, the ingredients of defamation, the seven defences (truth, fair comment, privilege absolute and qualified, justification, apology under Section 199 CrPC). The tort of malicious prosecution with its four ingredients. The tort of false imprisonment. The tort of malicious abuse of process. The post-Maneka right of privacy.
Breach of Duty and Causation
TORT · 26Remoteness of Damage — Re Polemis vs Wagon Mound
TORT · 27Contributory Negligence and Last Opportunity Rule
TORT · 28Negligence — Medical, Professional
TORT · 29Nervous Shock
TORT · 30Trespass to Person — Assault, Battery, False Imprisonment
TORT · 31Defamation — Libel, Slander; Defences (Truth, Privilege, Fair Comment)
Remedies, Defences & Wrap-Up
Damages + injunction + statutory carve-outs + reference
The remedies in tort — damages (general, special, exemplary, nominal), injunction (interim and perpetual), specific restitution. The general defences — volenti non fit injuria, plaintiff’s wrongdoer, inevitable accident, act of God, statutory authority, private defence. The death actions under the Fatal Accidents Act 1855. The Consumer Protection Act 2019 carve-out. The landmark Supreme Court decisions on the Indian law of torts.