Tort Law Basics for Law Entrance Exams
Written and reviewed by Shubham Jain, BA LL.B., LL.M. · UILS, Panjab University alumnus · founder with 15+ years of teaching · Jury Law Academy, founded in 2016.
Sep 20, 2026
Negligence
Three elements must be established: a duty of care owed to the claimant, a breach of that standard, and resulting damage that is not too remote. A question that removes any one of these usually has liability failing.
Strict and absolute liability
Strict liability arises from the escape of a dangerous thing brought onto land, subject to recognised exceptions. Absolute liability, developed in Indian law for hazardous activity, admits no such exceptions.
Vicarious liability
An employer may be liable for an employee's wrongful act committed in the course of employment. The usual test in questions is whether the act was connected to the employment or a personal frolic.
Nuisance and trespass
Nuisance is unlawful interference with the use or enjoyment of land. Trespass is direct unjustified interference with a person, goods or land, and is actionable without proof of damage.
Defamation
A statement lowering reputation in the estimation of right-thinking members of society, published to a third person. Truth and fair comment are recognised defences.
Defences to remember
- Volenti non fit injuria — consent
- Act of God
- Inevitable accident
- Private defence
- Necessity
- Statutory authority
Applying this in the exam
Identify the tort alleged, list its elements, check the facts, then test whether any defence stated in the passage applies. Answer from the principle given, not from these general notes.
Related reading
Frequently Asked Questions
What is a tort?
A civil wrong, other than a breach of contract, for which the remedy is generally unliquidated damages.
What are the elements of negligence?
A duty of care, breach of that duty, and damage caused by the breach that is not too remote.
What is vicarious liability?
Liability of one person for the wrongful act of another, typically an employer for acts of an employee in the course of employment.
What is the difference between damnum sine injuria and injuria sine damno?
The first is loss without legal injury and is not actionable; the second is legal injury without actual loss and is actionable.