The "Big Three" Torts You Need to Know
While there are dozens of specific torts, these three dominate the legal landscape and your
BALLB syllabus.
1. Negligence: The Modern Giant
Negligence is the most common tort today. It’s defined as the omission to do something which a
reasonable man would do, or doing something which a prudent and reasonable man would not
do.
The landmark case here is Donoghue v. Stevenson (1932). A woman found a decomposed
snail in her ginger beer bottle. Since she hadn’t bought the beer herself (her friend did), she
couldn’t sue for breach of contract. Instead, Lord Atkin established the “Neighbor Principle” :
You must take reasonable care to avoid acts or omissions which you can reasonably foresee
would be likely to injure your neighbor.
2. Defamation: Protecting the Invisible Asset
In the age of Instagram and Twitter, defamation is more relevant than ever. It involves the
publication of a statement that tends to lower a person in the estimation of right-thinking
members of society.
- Libel: Defamation in a permanent form (written, recorded).
- Slander: Defamation in a transient form (spoken words, gestures).
3. Strict and Absolute Liability
Sometimes, “I didn’t mean to” isn’t a valid excuse.
- Strict Liability: Established in Rylands v. Fletcher, it states that if you bring something
“non-natural” onto your land that is likely to do mischief if it escapes, you are liable for
the damage it causes—even if you weren’t negligent. - Absolute Liability: A uniquely Indian contribution from the case of MC Mehta v. Union
of India, born from the Bhopal Gas Tragedy. It says that if an enterprise is engaged in a
hazardous or inherently dangerous activity, it owes an absolute duty to ensure no harm
occurs. No “Act of God” defenses allowed.