Wrongful act

A wrongful act is any act or omission that infringes upon the legal rights of another person, violating the duties imposed by law and thereby giving rise to legal liability. It constitutes the foundation of civil and criminal wrongs and lies at the heart of the law of torts. In simple terms, a wrongful act is conduct that the law deems unlawful, unjustified, or injurious to another person’s recognised legal interests.
The concept is broad and encompasses both acts of commission (doing something one ought not to do) and acts of omission (failing to do something one ought to do).

Meaning and Nature

A wrongful act may be defined as an act contrary to law which violates a person’s legal right and results in injury, damage, or harm. It is not merely any act that causes harm; for liability to arise, the harm must be the result of an act that the law recognises as wrongful.
According to Winfield, “A tortious act or omission is a wrongful act recognised by law as one for which the person affected is entitled to compensation.”
Therefore, an act may be morally wrong yet not legally actionable, and conversely, a legally wrongful act may not always carry moral culpability. The determining factor is the existence of a legal duty breached.

Essential Elements of a Wrongful Act

1. Legal Duty Owed
   • The defendant must owe a legal duty to the plaintiff. A mere moral or social obligation does not suffice.
2. Breach of Legal Duty
   • The defendant must have failed to fulfil that duty either by performing a prohibited act or by omitting a required one.
3. Violation of Legal Right
   • The act must result in the violation of a legal right of the plaintiff, not merely a moral or social interest.
4. Resulting Damage or Injury
   • The wrongful act must cause actual harm, loss, or injury, whether physical, financial, or reputational.
5. Causation and Intention (where relevant)
   • There must be a direct causal link between the wrongful act and the damage. In some cases, intent or negligence is necessary to establish wrongfulness.

Forms of Wrongful Acts

1. Acts of Commission
   • When a person does something that they are legally bound not to do.
   • Example: A person trespassing on another’s land.
2. Acts of Omission
   • When a person fails to do something they are legally bound to do.
   • Example: A lifeguard neglecting to rescue a drowning person while on duty.
3. Civil Wrongful Acts
   • Acts that violate private rights and lead to civil liability, such as torts or breaches of contract.
4. Criminal Wrongful Acts
   • Acts that violate public rights or duties owed to society, punishable by the State (e.g., theft, assault, murder).
5. Constitutional or Public Wrongful Acts
   • Actions by public authorities violating citizens’ constitutional or statutory rights.

Legal Maxims Related to Wrongful Acts

Two key Latin maxims help clarify the principle of wrongfulness:

• Injuria sine damno – Legal injury without actual damage.
  • Even if no physical or monetary loss occurs, the violation of a legal right constitutes a wrongful act.
  • Example: Wrongful denial of voting right.
• Damnum sine injuria – Damage without legal injury.
  • A person may suffer harm without any legal wrong if no legal right is violated.
  • Example: Lawful competition causing financial loss.

Only injuria sine damno creates actionable wrongs; mere damages without infringement of rights do not.

Examples of Wrongful Acts

1. Tortious Wrong – Defamation, trespass, or negligence.
   • Publishing false information damaging a person’s reputation.
2. Criminal Wrong – Theft, fraud, or assault.
   • Taking another’s property without consent.
3. Breach of Contract – Failure to perform obligations under a legally binding agreement.
4. Constitutional Wrong – Violation of Fundamental Rights by the State.
   • Unlawful detention or restriction of free speech.
5. Administrative Wrong – Abuse of power or maladministration by public officials.

Each of these involves a breach of a legal duty and gives rise to corresponding remedies under different branches of law.

Wrongful Act in the Law of Torts

In tort law, the wrongful act is the foundation of liability. A tort is committed when a wrongful act causes harm to another in violation of a legally recognised duty.
Key aspects include:

• The act must be legally wrongful, not merely morally improper.
• The plaintiff’s legal right must have been infringed.
• The injury must be a direct consequence of the wrongful act.

For instance, in Donoghue v. Stevenson (1932), the manufacturer’s negligence (a wrongful act) in allowing a snail to enter a bottle of ginger beer established liability towards the consumer.

Judicial Definitions and Interpretations

1. Winfield on Tort (1937)
   • “Tortious liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally and its breach is redressable by an action for unliquidated damages.”
2. Blyth v. Birmingham Waterworks Co. (1856)
   • Defined negligence as “the omission to do something which a reasonable man would do, or doing something which a prudent man would not do.”
3. Ashby v. White (1703)
   • The defendant wrongfully prevented the plaintiff from voting. Although no actual loss occurred, the court held it was a wrongful act, as it infringed a legal right — a classic case of injuria sine damno.

These judicial pronouncements reinforce that wrongfulness depends upon violation of legal rights rather than the extent of harm caused.

Distinction Between Moral and Legal Wrongs

Thus, not every immoral act is a wrongful act in the eyes of law; only acts violating legal rights attract liability.

Consequences of a Wrongful Act

Depending on the nature of the wrong, the consequences include:

• Civil Liability – Payment of damages or injunctions in torts and contracts.
• Criminal Liability – Imprisonment, fines, or both for offences.
• Constitutional Remedies – Enforcement of Fundamental Rights through writs (Article 32 and 226).
• Administrative Sanctions – Disciplinary or regulatory actions against public officials.

The principle of ubi jus ibi remedium (“where there is a right, there is a remedy”) applies — every legal wrong must have an appropriate remedy.

Examples in Indian Law

• Under Section 499 IPC, making a false imputation harming a person’s reputation constitutes a wrongful act of defamation.
• Under law of negligence, failure of a doctor to perform duties with due care amounts to a wrongful act (as in Jacob Mathew v. State of Punjab, 2005).
• Under Constitutional law, wrongful acts include arbitrary arrests violating Article 21 (Right to Life and Personal Liberty).

Relationship Between Wrongful Act and Legal Liability

The wrongful act is the cause, and legal liability is the consequence. Liability arises when:

1. A wrongful act is committed;
2. The act infringes a legal right; and
3. The harm is causally connected to that act.