Torts in relation to Persons - By Isha

 Torts in relation to Persons – By Isha

1 Assault: It is an act of one party, which puts another person in a reasonable fear

of an immediate attack. It is an attempt or a threat to cause hurt to another, coupled

with an apparent present ability and intention to do the act.

Examples:

 A advances toward B with clenched fists, but it was stopped by C. An

assault has been committed by A.

 Pointing a pistol, whether loaded or unloaded toward the plaintiff is an

assault.

2. Battery: Battery may be defined as the intentional apply of physical force to the

person of another, without his consent or lawful justification. It includes the actual

striking of another person, or touching him in a rude, angry, or revengeful manner.

Examples:

 A hits B by throwing a stone at him.

 X spits on Y’ face.

3. Defamation: Defamation is the act of lowering down the reputation of a person

in the eyes of public ( reasonably prudent and/or right thinking members of the

society) by way of words, gestures, pictures, paintings, and caricatures.

The term ‘defamation’ is generic expression and includes libel and slander.

A libel is a defamatory statement made in some permanent and visible form.

Example: writing, picture, printing, statute etc.

A slander is a defamatory statement made by spoken words tending to injure the

reputation of another.

Thus, ‘libel is defamation addressed to the eyes and slander is defamation

addressed to ears'.

4. Nervous Shock: Earlier, no action could be taken for any mental

suffering/emotional disturbance caused by the negligence of the defendant.

However, it is now recognised that if by reason of an acute shock to the nervous

system, the activities of the body are impaired and incapacitated from functioning

normally, there is a clear bodily injury.

Example: The defendant by way of practical joke informed the plaintiff that her

husband had his leg broken in an accident. The plaintiff got a nervous shock and

became seriously ill. Held, the defendant was liable.

Case law: Bourhill vs. Young

The plaintiff a fisher woman was unloading baskets of fishes from the cart. She

saw a motorcyclist go past her in top speed. A short while later, she heard a

collision. She went to the accident spot and saw blood spluttered all over. She

suffered nervous shock and as she was pregnant, she delivered a still born child.

She sued the legal representatives of the deceased motorcyclist. She was not

allowed any compensation, as the deceased could not have foreseen the nervous

shock suffered by the lady also he owed no duty of care to her.

5. Negligence: The word ‘negligence’ refers to the breach of a legal duty to take

care which results in damage to the plaintiff. Negligence is the absence of

reasonable care to be taken.

Essentials of Negligence: In an action for negligence, the plaintiff must prove the

following three points:

 That there was existence of a legal duty to take care owed by the defendant

to the plaintiff.

 That there had been a breach of that duty by failure of the defendant to take

such care as a reasonable man would have taken.

 That as result of the breach of duty referred to above, the plaintiff has

suffered damage.

Examples of the connotations of the word ‘duty’ in this context.

 Duty of care to pedestrians and other road users while driving a vehicle.

 Doctor’s duty to his patients.

Case law: Donoghue vs Stevenson

A man brought a bottle of ginger beer for his girlfriend manufactured by the

defendant. The lady drank the contents of the bottle directly. Later, she poured the

remaining contents into a glass. To her utter shock, she noticed a dead snail

popping out of the bottle. She fainted and fell ill, as she had already consumed a

portion of the drink. It was held that the manufacturer was liable to the lady for

‘negligence’.

6. Nuisance: Nuisance as a tort means an unlawful interference with a person’s use

or enjoyment of land, or of some right over, or in connection with it.

Examples of Nuisance: Smoke/fumes/smell/hear interfering with the health of

others.

Nuisance is of two types:

 Public Nuisance: It is an act or omission, which causes any common injury,

danger or annoyance to the public or to the people who occupy property in

the vicinity.

 Private Nuisance: A private nuisance is some unauthorised use of a man’s

own property, causing damage to the property of another, or some

unauthorised interference with the property of another, causing damage, butnot amounting to trespass.