Torts Part 1 Short Notes

1) Pigeon-hole theory

Pigeonhole is a theory propounded by Salmond, an authority in the field of tort law. Salmond believes that the specific torts are like pigeon-holes and to prove your case one must prove that the wrong committed against him falls within one of the pigeonholes. This is, understandably, called the pigeonhole theory.

2) Essential elements of tortuous liability

There are certain general conditions which must be satisfied before a person can be held liable for any tort.

The below conditions are essential:

1. Wrongful act -act or omission

2. Should result in legal damage

3. Legal remedy

3) Name few defenses for tortuous liability

1. Volenti non fit injuria
2. Act of God
3. Inevitable accident
4. Private defense
5. Acts of necessity
6. Mistake
7. Statutory authority
8. Judicial Acts & quasi judicial
9. Parental -quasi parental authority
10. Exercise of common rights

4) Write definition Winfield of torts

Tortious liability arises from the breach of duty primarily fixed by law. This duty is towards persons generally and its breach is redressable by an action for unliquidated damages

Winfield definition is considered as the best definition. His definition has got three components Cause, Effect, Remedy.

This definition can be understood by following meaning:

1. The tort is arising from breach of duty primarily fixed by law.

2. The effect of this duty is towards persons generally

5) Explain “Qui facit per alium facit per se“?

He who has done through others is deemed to be done it for himself. This liability arises only when there is a relationship between the persons.

According to this maxim, if in the nature of things the master is obliged to perform the duties by employing servants, he is responsible for their act in the same way that he is responsible for his own acts