CLAT Foundation Prep
Module 1.1: Legal Reasoning - Introduction to the Law of Torts
Why this matters for CLAT: Torts (civil wrongs) are a favorite area for CLAT passages because the principles are based on logic and common sense, making them perfect for testing your ability to understand a principle and apply it to facts.
Concept Notes: The Fundamentals of Tort Law
1. What is a Tort?
A Tort is a civil wrong against an individual (e.g., negligence, defamation) where the wronged individual (plaintiff) sues the wrongdoer (defendant) for compensation (money).
2. Understanding "Legal Damage" - The Most Important Concept
"Legal Damage" means the violation of a legal right. This gives rise to two critical Latin maxims:
Injuria sine Damno
Meaning: Injury without damage. A person's legal right is violated, but they haven't suffered any actual loss (like financial or physical harm). Result: It IS actionable in court. The violation of a right is enough.
Damnum sine Injuria
Meaning: Damage without injury. A person has suffered actual loss or harm, but no legal right has been violated. Result: It is NOT actionable in court.
Mentor's Advice (Torts)
Your only job is to see if the principle (the "rule") given in the passage has been violated in the facts. If a legal right is violated, it's a tort. If not, it isn't, regardless of how much someone has suffered.
Module 1.2: Logical Reasoning - Arguments & Assumptions
Why this matters for CLAT: Your ability to break down an argument into its core components—and identify what the author is taking for granted—is a critical skill.
Concept Notes: Deconstructing Arguments
1. What is an Argument?
A set of statements where one (the conclusion) is supposedly supported by the others (the premises).
2. What is an Assumption?
An assumption is the unstated premise—the hidden belief that connects the premise to the conclusion.
The Negation Technique (Mentor's Advice)
To check if something is a true assumption, negate it. If the negated statement destroys or severely weakens the author's argument, then you've found a necessary assumption.
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