Torts and Specific Relief
What the exam tests
Torts questions test the elements of civil wrongs and defences; Specific Relief tests the remedies of declaration, injunction, possession and specific performance.
Core rules
- Negligence requires duty, breach, causation and damage; the standard is the reasonable person.
- Vicarious liability makes a master liable for a servant's tort in the course of employment; a frolic of one's own is outside scope.
- Strict liability for hazardous activities (Rylands v Fletcher) is subject to exceptions; absolute liability (M.C. Mehta) has no exceptions.
- Defamation requires a defamatory statement, publication and damage; truth, fair comment and privilege are defences.
- Specific performance is now the rule under section 10 of the Specific Relief Act 1963, subject to sections 11, 14 and 16; the plaintiff must plead readiness and willingness.
- Section 6 gives a summary remedy for possession within six months, without deciding title.
Worked example
A agrees to sell his house to B for ₹50 lakh. A later refuses and sells to C. B sues for specific performance. B must prove a valid contract, certainty of terms, readiness and willingness, and that damages are inadequate. Land is generally treated as unique, so specific performance is normally granted unless A proves a bar such as a vitiating factor or B's default. C's later purchase does not defeat B if B has a prior agreement and the doctrine of lis pendens applies after suit.
Traps
Section 6 is not a title suit. An injunction cannot be used to evict a true owner. Volenti non fit injuria requires free consent and knowledge of risk. Contributory negligence reduces damages; it is not a complete defence. Specific performance is discretionary, not automatic.