Development of tort in England and India; tort distinguished from crime, contract, quasi-contract and breach of trust
LUG-101 Law of Torts including Motor Vehicle Accident and Consumer Protection Act, Unit I: Development of tort action in England and India — tort distinguished from contract, quasi-contract and crime. · LLB · 60 min
How the law of torts grew in England out of the writ system (trespass and the action on the case, the abolition of the forms of action, the rise of negligence) and how it came to India through "justice, equity and good conscience"; why tort litigation in India remained thin and how statutes and constitutional tort have changed that; then the four distinctions examiners ask for: tort and crime (with BNS parallels), tort and breach of contract, tort and quasi-contract, tort and breach of trust. It answers 2022-23 Q4(a), 2025-26 Q1(a)(i) and the development half of 2024-25 Q3(c).
Objectives
- Trace the development of tort in England from the writs of trespass and case to the modern law of negligence.
- Explain how English tort law was received in India and why tort litigation in India remained limited.
- Distinguish tort from crime, giving BNS parallels with the IPC numbers.
- Distinguish tort from breach of contract and from quasi-contract under the Indian Contract Act 1872.
- Distinguish tort from breach of trust and explain overlapping liability on the same facts.
Slides
- England: the writ system and the forms of action
- From forms of action to principles: the modern English law
- India: reception through justice, equity and good conscience
- Why tort litigation remained thin in India, and what changed
- Tort and crime
- Tort and breach of contract
- Tort and quasi-contract
- Tort and breach of trust
- Overlap: one act, several liabilities
- Revision: essential ingredients and distinctions in one view
Loading the lecture…