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  • Read the given passage very carefully and answer the questions. It has often been discussed whether the law of torts in India is necessary or not. The courts in India hav

Read the given passage very carefully and answer the questions.

It has often been discussed whether the law of torts in India is necessary or not. The courts in India have often taken the stand that Tort law is essential in India and is conducive to the growth and development of society. The courts and the government have recognized the importance of torts in their rulings by rewarding exemplary damages in case of negligence, providing compensation to the victims of rape, and recognizing governmental torts i.e. torts by government employees. However, the knowledge of Torts and its use is not very popular among the general public, primarily because it is not codified. It is hence essential to highlight the basic principles and concepts of Torts so that a person can understand his rights and liabilities under the Tort laws. The Supreme Court of India has through its numerous landmark judgements helped shape the law of Torts in India. It has also been observed a number of times, that there is a need to codify the law of Tort in order to facilitate its greater use. The principles of Torts have also been applied in newer legislations such as the

Environment Protection Act, 1986, The Consumer Protection Act 1986, The Human Rights Protection Act 1988, The Motor Vehicles Act, 1988. However, it is still observed that the branch of Torts as a whole is still growing and developing in India as compared to the development of Torts in countries like the UK and the USA.

According to John Salmond, He addresses tort as being only a civil wrong which has unliquidated damages (those damages for which there is no fixed amount) in the form of remedy and which is not just exclusively the breach of contract or the breach of trust or breach of merely fair and impartial obligation. According to Richard Dien Winfield, Tortious liability emerges from the breach of a duty primarily fixed by the law, this duty is towards the other people generally and its breach is redressible by an action for unliquidated damages.

According to Fraser, A tort is an infringement of a right in rent of a private individual giving a right of compensation at the suit of the injured party.

Three essential elements which constitute a tort are :

·         A Wrongful act or omission, and Duty imposed by the law.

·         The act must give rise to legal or actual damage, and

·       It should be of such a nature that it should give rise to a legal remedy in the form of an action for damages.

Question: Virendra is watching a cricket match from atop a tree just outside the stadium. The batsman, Mahendra hits the ball hard and the ball flies over the boundary and hurts him back. Can Virendra claim damages from either the batsman or the stadium authorities?

Option: 1

Yes, as Mahendra can’t claim defence of volenti non fit injuria against Virendra.


Option: 2

Yes, as Virendra was watching the match from outside the stadium.


Option: 3

Both (a) & (b)


Option: 4

Neither (a) nor (b)


Answers (1)

best_answer

No person can enforce a right that s/he has voluntarily waived. Hence, the defence of volennti non fit injuria is available to Mahendra.

 

Posted by

HARSH KANKARIA

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