Law of Torts Notes

Under the rule in Rylands v. Fletcher, a person who keeps a dangerous thing on his land for a non-natural use is strictly liable if it escapes and causes damage, subject to exceptions. The M.C. Mehta rule in India goes further: an enterprise in a hazardous industry owes an absolute, non-delegable duty with no exceptions, and compensation depends on the size and capacity of the enterprise.

Libel is a defamatory statement in a permanent form such as writing, print or pictures, and is actionable per se. Slander is defamation in a spoken or transitory form; under English law it needs proof of special damage, except in four cases such as imputing a criminal offence or a contagious disease.

A contract of service is an employer-employee relationship where the employer controls what is done and how; such services are excluded from the Consumer Protection Act, 2019. A contract for service, as with an independent contractor, is fully covered, so a consumer can sue for deficiency in service.

The notes cover Rylands v. Fletcher and M.C. Mehta on strict and absolute liability, Donoghue v. Stevenson on negligence, Vidhyawati and Kasturilal on State liability, Merryweather v. Nixan on joint tortfeasors, D.K. Basu v. State of West Bengal on constitutional torts, Sturges v. Bridgman on private nuisance, and Indian Medical Association v. V.P. Shantha on medical services under consumer law.