CUET PG LLB 2026 law of torts introduction - Legal Reasoning | MHCET Law & CUET PG LLB 2026

Introduction to Law of Torts

Welcome and Session Overview

• The session begins with a warm welcome from the mentor, Diksha Pandey, introducing the topic of discussion: the Law of Torts.

• Viewers are encouraged to like and share the session, emphasizing community engagement before diving into the content.

Understanding Torts

• The speaker highlights the importance of understanding definitions before delving into tort law, noting that other laws (like criminal law and contract law) have clear English names related to their subjects.

• A question is raised about the meaning of "Tort," suggesting it may seem unusual compared to other legal terms.

Origins and Meaning of Tort

Etymology of Tort

• The term "Tort" is derived from a French word meaning "wrong," indicating its foundational concept in civil wrongdoings.

• Additionally, it connects to a Latin word "Tortum," which means "twist," implying that tort law addresses deviations from straight paths or lawful conduct.

Conceptual Framework

• The essence of tort law is described as requiring individuals to follow lawful paths without deviation; straying leads to civil wrongdoings.

• Engaging in unlawful acts or omissions results in committing a tort, which is classified as a civil wrongdoing rather than a crime.

Distinction Between Civil Wrong and Crime

Nature of Torts vs. Crimes

• A tort represents a civil wrong where compensation may be required for damages caused, unlike crimes that involve punishment such as fines or imprisonment.

• Criminal liability involves punitive measures while civil liability under tort law focuses on compensating affected parties for their losses.

Legal Classification

• Laws are categorized into civil wrongdoings (governed by tort law) and criminal offenses (governed by criminal law), highlighting different legal frameworks for addressing each type.

Characteristics of Tort Law

Uncodified Nature

• Tort law is described as uncodified; there isn't an official statute named "Law of Torts," making it distinct from codified laws like those found in statutory codes.

Development Through Judicial Precedents

• The evolution and regulation of tort law occur through judicial precedents established by judges' decisions over time, forming an essential part of its development.

Conclusion on Understanding Torts

Importance of Definitions

• The speaker emphasizes understanding various definitions provided by jurists regarding tort law's scope and implications, setting up further discussions on specific definitions later in the session.

Understanding Tort Law and Damages

Introduction to Tort Law

• The discussion begins with the significance of tort law, highlighting that it is essential in understanding civil wrongs. Salmond's contributions to this field are emphasized.

• Salmond defines tort as a civil wrong, specifically noting that it involves unliquidated damages—compensation that cannot be predetermined before an incident occurs.

Liquidated vs. Unliquidated Damages

• Liquidated damages can be calculated prior to a breach of contract, while unliquidated damages arise when the extent of damage is uncertain until after the breach occurs.

• An example illustrates how one can estimate potential losses from a breach of contract based on agreed terms, contrasting this with situations where damages are unpredictable.

Nature of Unliquidated Damages

• The court has discretion in determining unliquidated damages post-breach, as these depend on various factors such as the nature and impact of the harm caused.

• A practical example is provided: if someone is physically harmed (e.g., slapped), quantifying the monetary value of pain or injury becomes complex and subjective.

Distinction Between Damage and Damages

• The speaker clarifies that "damages" refers to monetary compensation awarded for loss, while "damage" signifies the actual harm suffered. This distinction is crucial in legal discussions.

• It’s important not to confuse these terms; both relate to compensation but have different implications within legal contexts.

Civil Wrongs and Their Categories

• Salmond asserts that tort differs from breaches of contract or trust; while all are civil wrongs, they belong to distinct categories within tort law.

• The broader category encompasses various types of civil wrongs including tortious acts, contractual breaches, and breaches of trust.

Clarification on Legal Concepts

• The speaker emphasizes that tort does not equate directly with breaches of contract or trust; rather, it represents a specific subset within civil wrong classifications.

• Questions about mentorship related to preparation for legal studies are addressed briefly before returning focus back to Salmond's definitions regarding tort law.

Insights from Windfield's Perspective

• Windfield reiterates similar points made by Salmond regarding duties breached leading to tortious liability and highlights how unliquidated damages arise from such breaches.

Infringement in Tort Law

• A fresh perspective introduces infringement as a violation against private rights which constitutes committing a tort. Compensation follows for injured parties who may file lawsuits accordingly.

Understanding Torts and Civil Wrongs

Definition and Classification of Torts

• The concept of torts is introduced as a civil wrong, which can be addressed through legal compensation via lawsuits.

• A Venn diagram illustrates the relationship between civil wrongs and torts: all torts are civil wrongs, but not all civil wrongs qualify as torts. Examples include breaches of contract or trust.

• The definition of tort is not explicitly provided in any act; instead, it outlines what does not constitute a tort, such as breach of contract or trust.

• To understand what constitutes a tort, one must differentiate between torts, crimes, breaches of contract, and breaches of trust.

Nature and Purpose of Torts

• Torts are characterized as civil in nature and involve violations against an individual's private rights.

• Crimes are defined as public wrongdoings that affect society at large; for instance, kidnapping impacts both the individual victim and the community.

Objectives Behind Legal Actions

• Breach of contract leads to financial loss for one party; thus, damages are awarded to compensate for this loss.

• The primary objective in criminal law is to punish the offender to deter future crimes by instilling fear through punishment.

Distinctions Among Legal Concepts

• Breach of trust involves misappropriation of property entrusted to someone; penalties aim to protect the property interests involved.

• In cases involving breach of trust, the goal is to safeguard the interested property from misappropriation while penalizing wrongdoing.

Parties Involved in Legal Proceedings

• In tort law, two parties are involved: the plaintiff (injured party filing the case) and the defendant (the party accused).

• Criminal law also involves two parties: the state (prosecution representing societal interests) and the accused person facing allegations.

Implications for Accused Individuals

• An accused person remains so until proven guilty by a court; their status changes only upon conviction.

• If a crime affects an individual who cannot pursue legal action due to death or incapacity (e.g., murder), it raises questions about how justice can be served.

Legal Proceedings and Remedies in Tort Law

Role of the State in Legal Cases

• The state will represent Shyam in a legal case, indicating that the accused party does not need to hire a private lawyer as the government attorney handles the case.

• Compensation awarded by the court for damages will go to the state rather than directly to the injured party since the state is fighting on their behalf.

Types of Punishments and Remedies

• Various forms of punishment include imprisonment, fines, or community service; however, any fines imposed do not benefit the victim but are collected by the state.

• In breach of contract cases, remedies can include monetary compensation (damages), injunctions (court orders), or restitution (restoring previous positions).

Elements of Tort Law

• Essential elements for establishing a tort include wrongful acts or omissions leading to legal damage suffered by another person, with remedies specified under tort law.

• Damages in tort law are typically classified as unliquidated damages, which require assessment based on individual circumstances.

Understanding Wrongful Acts and Omissions

• A wrongful act occurs when an unauthorized action is taken against one's duty; an omission happens when one fails to perform a required task.

• Both wrongful acts and omissions can lead to legal injury if they infringe upon another person's rights.

Legal Injury and Rights in Tort

• Legal injury arises from wrongful acts or omissions causing harm; tort law provides rights against society at large (right in rem).

• Distinction between "right in rem" (rights against society as a whole) versus "right in personam" (rights against specific individuals).

This structured summary captures key discussions from the transcript while providing timestamps for easy reference.

Understanding Legal Injury and Tort Law

Concept of Legal Injury

• Legal injury must occur for damages to be compensated; mere damage without legal injury does not warrant compensation.

• The term "damnum sine injuria" indicates that while damage may exist, there is no legal injury. This means damages occurred but did not violate any legal rights.

Case Examples Illustrating Legal Injury

• In the Gloucester Grammar School case, a competitor opened a school nearby with lower fees, causing business loss but not violating any legal rights. Thus, no compensation was awarded.

• Conversely, in the Ashby v. White case, a person was prevented from voting (a violation of his legal right), even though he suffered no actual damage. The court ruled in favor of Ashby due to the infringement of his rights.

Elements of Tort Law

• A wrongful act or omission leading to the violation of someone's legal rights necessitates providing damages as a remedy.

• Legal remedies are essential for restoring individuals to their original position after a wrong has been committed against them.

Types of Damages in Tort Law

• Damages can be classified as liquidated (calculable losses) and unliquidated (non-calculable losses). Unliquidated damages cannot be easily quantified.

Distinction Between Tort and Torts

• Winfield's theory states that an unjustifiable act constitutes a tort if it is civil in nature.

• Salmond introduced the pigeonhole theory, suggesting that not every wrongful act qualifies as a tort; specific criteria must be met for classification.

Introduction to Tort Law

Understanding the Concept of Tort

• The discussion begins with a metaphorical box containing pigeonholes, each representing different types of torts.

• It is emphasized that only actions falling within these defined holes are considered torts; any wrongful act outside this scope does not qualify as a tort.

Definitions and Perspectives on Tort

• Salmond's perspective narrows the scope of tort law, stating that only specified torts in law are recognized, excluding other civil wrongs.

• Winfield argues that any civil wrong without justification can be classified as a tort, expanding the definition beyond Salmond’s limitations.

Clarifying Civil Wrongs

• The speaker clarifies that breaches of contract or trust do not constitute torts according to Salmond's definition but may still represent civil wrongs.

• The contemporary view aligns more with Winfield’s broader definition, suggesting it is more appropriate for modern applications of tort law.

Scope and Remedies in Tort Law

• A summary is provided regarding what constitutes a civil wrong under tort law and the remedies available for such wrongdoings.

Further Resources and Course Information

Contact and Learning Opportunities

• Students are encouraged to reach out via email for doubts or join the Telegram channel for additional resources related to tort law studies.

Enrollment in Courses

• Information about enrolling in paid courses for various legal entrance exams is shared, including details on how to access course materials online.

Discounts and Mentorship Options

• A discount code (DP01) is provided for students interested in enrolling in courses, along with options for personal mentorship through direct contact.