Unit 7 of Law of Torts, Motor Accident Claims and Consumer Protection (syllabus: Nature, Definition and Essentials of Tort). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What must be shown before conduct counts as a tort?
- Can you sue when your right has been infringed but you have lost nothing?
- Can you sue when you have lost a great deal but no right of yours was infringed?
- Does a bad motive make a lawful act actionable?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Limitation Act 1963, s. 2(m)
Leading cases
- Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum (1997)
- Ashby v. White (1703) 2 Ld Raym 938
- Gloucester Grammar School case (1410) Y.B. 11 Hen. IV
- Mayor of Bradford Corporation v. Pickles (1895) AC 587
Full case summaries
- Donoghue v Stevenson (1932)
- Rylands v Fletcher (1868)
- Ashby v White (1703) and the Gloucester Grammar School Case (1410)
- Bhim Singh v State of Jammu & Kashmir (1985)
- Rudul Sah v State of Bihar (1983) and Nilabati Behera v State of Orissa (1993)
- State of Rajasthan v Vidhyawati (1962)
- Kasturi Lal Ralia Ram Jain v State of U.P. (1965) and N. Nagendra Rao & Co v State of A.P. (1994)
- Municipal Corporation of Delhi v Subhagwanti (1966)
- Lucknow Development Authority v M.K. Gupta (1994)