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Breach of Duty in Indian Law

Breach of duty is a fundamental concept in tort law, playing a crucial role in determining liability and compensating victims of wrongful acts. This guide explores the concept of breach of duty in the Indian legal system, focusing on its application in tort law cases.

Definition and Scope​

Breach of duty refers to the failure to perform a legal obligation owed to another party. In the context of tort law, it occurs when a person fails to fulfill their duty of care towards others, resulting in harm or injury.

Section 43 states: "Where one person is under an obligation either by contract or by award or by order of a court to do something, and he intentionally does not do it, the other party is entitled to treat such omission as equivalent to doing something and accordingly sue for compensation for the loss caused to him."

Case Law Illustrations​

Let's examine some landmark cases that illustrate breach of duty in Indian law:

1. M.P. Sharma v. Satish Chandra, AIR 1954 SC 300​

In this case, the Supreme Court held that the police had breached their duty of care by failing to protect the plaintiff's property during a raid. The court awarded damages to the plaintiff for the loss suffered due to the breach of duty.

Legal Section Number: Article 20(3) of the Constitution of India

2. Kasturi Lal Khaitan v. Citibank N.A., AIR 2001 SC 395​

The Supreme Court ruled that banks have a duty to exercise reasonable care in handling customer accounts. In this case, the bank was found liable for breaching its duty of care, leading to financial losses for the customer.

Legal Section Number: Section 21 of the Negotiable Instruments Act, 1881

3. State of Maharashtra v. Suresh Sankar Joglekar, AIR 1991 SC 2179​

The court held that government officials have a duty to act with reasonable care and diligence in performing their official duties. Failure to do so may result in liability for damages.

Legal Section Number: Article 300-A of the Constitution of India

Practical Application​

Understanding breach of duty is crucial for law students and practicing lawyers. When dealing with tort cases, consider the following steps:

  1. Identify the duty owed by the defendant
  2. Determine if the duty was breached
  3. Assess the extent of harm caused due to the breach
  4. Calculate compensatory damages

Conclusion​

Breach of duty remains a fundamental principle in Indian tort law. As students of law and aspiring lawyers, it's essential to grasp this concept thoroughly. Remember that each case is unique, and the application of breach of duty principles may vary depending on the specific circumstances and relevant laws.

Always refer to the most recent case laws and statutory provisions when applying these principles in practice. Happy studying! 📚🏛️