SPECIFIC TORTS

NUISANCE:

The word nuisance has been driven from the French word “nuire”.

“Nocere” in the legal sence its means “annoyance” or “harm” or “disturbance”.

MEANING

  • Peacefully enjoy one’s own property is legal right of an individual. But everyone must endure limited degree of noise, dust, smell, smoke, vibration, the influents etc. from his neighbor.
  • It’s a tort meaning unlawful interference with the person use or enjoyment of land or some right over it or in connection to it.

CASE LAW: DR RAMRAJ SINGH V. BABULAL

A brick grinding company was established next to dr. Ram Raj and his clinic which was causing disturbance to him and the dust from it was causing interference with has right of enjoyment of has land. So the court orders for permanent injunction on the brick grinding company.

KINDS OF NUISANCE

  1. PUBLIC NUISANCE

Public nuisance is a crime, it’s the interference with the right of the public at large in general and is punishable.

Example: A man making a poisonous gas in his residence which is affection numbers of the community is a public nuisance.

CASE LAW: DR RAMRAJ SINGH V. BABULAL

  • Citation:  AIR 1982 All 285
  • Fact: A brick grinding company was established next to dr. ram raj and his clinic which was causing disturbance to him and the dust from it was causing interference with has right of enjoyment of has land. So
  • Judgment: the court order for permanent injunction on the brick grinding company.
  • PRIVATE NUISANCE

Private nuisance is a civil wrong and it’s against a particular individual.

Private nuisance are of three kinds:

  1. Nuisance by encroachment  on a neighbor’s land
  2. Nuisance by direct physical injury to a neighbor’s land
  3. Nuisance by interference with a neighbor’s quit enjoyment of his land.

For example: A and b are neighbor and a has grown poisonous plant in his garden and branches are overgrown and have reached B’s garden and his pet has eaten the leaves and die

 CASE LAW 2: USHABEN VS. BHAGYALAXMI CHITRA MANDIR:

  • Citation: AIR 1978 GUJ 13, (1977) GLR 424
  • Fact: the plaintiff argued that her religious feelings were hurt because in a movie, ‘Jai Santoshi Maa’ the three goddesses, Lakshmi, Parvati, Sarasvati were depicted as jealous and were ridiculed.
  • Judgment: in this case, Plaintiff’s action for injunction was rejected.

DEFEMATION:

If a person injures the reputation of another person he commit a civil wrong i.e. defamation.

Not only himself but others too. For example, if X writes an article in which he calls B’s wife a prostitute, of loose moral.

Defamation is Civil wrong and is also defined in criminal law as criminal wrong under section 499 of IPC.

MODES OR TYPES OF DEFEMATION

  1. LIBEL (EYES)

Defamatory statement which addressed to eyes permanent & visible from.

Example: pictures, writing, printing, cinematography.

  • SLANDER (EARS)

Defamatory statement by either audible or visible

Example: spoken words, gesture

ESEENTIAL OF DEFEMATION

  1. The statement must be defamatory.
  2. The statement must refer to the plaintiff.
  3. The statement must be published.

CASE LAW: DEEPTI CHAUDHARY VS. MANJULATA

Citation: AIR 1997 RAJ 170

Fact: the plaintiff, Manju Lata about 17 years of age, and was living with the family in Jodhpur.

A news was published in Danik navjotes that Manju Lata had run away with a boy named Kamlesh .

After she went out of her house on the pretext of attending night classes.

The news item was untrue and was published negligently. Her marriage prospects were badly affected.

Held- court held that defamatory was an actionable per se and general damages of Rs. 10,000/- were awarded.

INNUENDO

A statement may be prima facia be innocent but its hidden meaning can be derogatory.

Example: CASSIDY V. DAILY MIRROR NEWSPAPER LTD.

FACT:  the defendants published photography of Mr. A and miss B in a newspaper with words, Mr.  A, the race horse owner & miss B whose engagement has been announced. “The statement was false as they were already married.

In an action by the plaintiff, the wife of Mr. A  brought suit for defamatory remarked as it suggest that she was not the lawful wife of Mr. A and living with him immorally cohabitation. The defendant, therefore, held liable.

TRESPASS:

The general meaning of trespass is to on somebody’s land or property without permission.

For example: removing a tire from a car, destroying or injuring the goods

 CASE LAW 1:  Kirk V. Gregory:

  • Citation: (1876) 1 Ex D 55.
  • Fact       : A’s sister-in-law hid some jewelry after the death of A, from the room where he was lying dead, thinking that to be more safe place.

The jewelry got stolen from there and a case was filed against A’s sister-in-law for trespass to the jeweler.

Judgment:  In this case no proof that interference was reasonable necessary, she was held liable for trespass Y

REMEDIES:

  1. In tort law, detinue is an action for the recovery of the goods wrongfully detained by the defendant.
  2. In case of trespass to goods damages are measured by the value of the goods or the amount of injury done to them.

CONVERSION:

A person, who treats goods as if they were his or when they are not, is liable for conversion. The intentional interference with the property of another amount is conversion. Conversion can be committed in the following way:

  • Conversion by taking goods.
  • Conversion by detention of goods
  • Conversion by wrongfully delivery of goods.
  • Conversion by wrongfully disposition of goods.
  • Conversion by wrongfully destruction.

NEGLIGENCE:

  • Simply means negligence nothing but carelessness.
  • The term negligence driven from the Latin word negligent, which means ‘failing to pick up’.

In the legal sense negligence means failure to perform the basis of care which the performer as reasonable man FORMS OF NEGLIGENCE:

It can be characterized in the three forms

  • NON FEASANCE: it means the act of failure to do something which person should have done. Example, failure to carry out repairs of an old building, when it should have done.
  • MISFEASANCE: It means act of not doing an action properly when it should have properly. Example, during the repairing old building but using of very poor quality of material, creating a major collapse which injured people.
  • MALFEASANCE: it means the act of doing something which should not have done in the first place itself. Example, using product that are not allowed and combustible to carry out the repaired of a building, therefore, converting the building into firetrap leading to an accident.

ESSENTIAL ELEMENT OF NEGLIGENCE IN LAW OF TORT

  • DUTY OF CARE

It means that every person owes, a duty of care, to other person while performing an act.

The duty should be legal cannot be illegal or unlawful and also cannot be of moral, ethical, or religious nature.

  • DUTY TOWARD PLAINTIFF

A duty arises when the law recognizes a relationship between defendant and the plaintiff.

  • BREACH OF DUTY

One very important condition for the liability in negligence is that defendant must liable if he is not able to take care and perform their duties efficient.

  • PROXIMATE CAUSES

Proximate cause ‘legal cause’ or the cause that the law recognizes as the primary cause of the injury.

  • DAMAGES

The defendant liable for the damages if defendant act done by wrongfully or violate other legal right.

The harm may fall into following classes:

Physical harm (harm of body)

Harm to the reputation

Harm to property (Land and Buildings)

Mental harm and Nervous shock

Should perform in the entire situation.

  • EXAMPLE: a driver drives his car after showing traffic sign which was red (for stop driving cars and other vehicle causing an injury crash.

CONCLUSION: Tort is an act or omission when one person or entity inflicts an injury upon another, in which the injured party can sue for damages in term of monetary. There are numerous specific torts as illustrated above in form of legal article, it include negligence, nuisance, trespass, defamation, etc.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.


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