Category Archives: Law of Torts

Law of Torts

Malicious Prosecution: Essentials and Defence

Malicious Prosecution: Essentials and Defence | Overview Introduction Background Evolution of malicious prosecution Essentials of malicious prosecution and Indian courts Prosecution Absence of reasonable and probable cause Malice Favourable termination of the prosecution Damage Defences available to malicious prosecution claims Distinction between Malicious Prosecution and False Imprisonment Conclusion This article deals with the various aspects of malicious prosecution.… Read More »

Concept of Negligence in The Sphere of Civil Law

Concept of Negligence in The Sphere of Civil Law | Overview Evolution of the tort of negligence Meaning Definitions Essentials Proof of negligence Difference between civil negligence and criminal negligence Defenses to an action of negligence in civil law Remedies in actions of negligence in civil law This article deals with the concept of negligence in the sphere… Read More »

Nuisance under Law of Torts: Concept and Explanation

Nuisance under Law of Torts: Concept and Explanation | Overview Nuisance under Law of Torts Essentials of nuisance Types of nuisance Public nuisance How to file a suit for public nuisance? Private nuisance Defences to nuisance Remedies for Nuisance Conclusion This article deals with nuisance as it is the most frequently pled common law action in environmental litigation.… Read More »

Trespass to Person: Assault, Battery and False Imprisonment

Trespass to Person: Assault, Battery and False Imprisonment | Overview Trespass to person Principle Fowler v. Lanning Letang v. Cooper Forms of Intentional Trespass Assault Important case laws Battery Wilson v. Pringle False imprisonment Arrest by a public officer Arrest by a private person This article deals with assault, battery, and false imprisonment which constitute the action of… Read More »

No Fault Liability under Motor Vehicles Act, 1988

No Fault Liability under Motor Vehicles Act, 1988 | Overview Introduction Background of the laws relating to Motor Vehicles Judicial History of No Fault Liability No Fault Liability under the Motor Vehicle Act, 1988 Introduction No fault liability under the Motor Vehicles Act, 1988 is laid down under Chapter X (Sections 140-144), Sections 163A-163B and the Second Schedule.… Read More »

General Defences – Defence against Tortious Liability

General Defences – Defence against Tortious Liability | Overview INTRODUCTION VOLENTI NON FIT  INJURIA, OR THE DEFENCE OF ‘CONSENT’ PLAINTIFF THE WRONGDOER INEVITABLE ACCIDENT  ACT OF GOD PRIVATE DEFENCE  MISTAKE NECESSITY STATUTORY AUTHORITY INTRODUCTION General defences are a set of defences or ‘excuses’ that you can undertake to escape liability in tort only if your actions have qualified a… Read More »

IMPORTANT MAXIMS IN LAW OF TORTS

This article deals with various maxims like Ex turpi causa non oritur action, innuendo, res ipsa loquitor, etc. used in law of torts along with case laws and their descriptions. INTRODUCTION A maxim is a rule or saying or a principle which has to be followed by the society. Maxims are used in various branches of law to make a particular… Read More »

Remoteness of Damages

MEANING AND CONCEPT It is quite simple, once the damage is caused by a wrong, there have to be liabilities (conditional to some exceptions). The question remains how much liability can be fixed, and what factor determines it. The doctrine of the remoteness of damages is one such principle. An event constituting a wrong can constitute of single… Read More »

Medical and Professional Negligence

This article deals with  Medical and Professional Negligence in detail. Also Landmark cases have been discussed. Introduction Medical negligence is a combination of two words. The second word solely describes the meaning, though the meaning of negligence has not been described in a proper way it is an act recklessly done by a person resulting in foreseeable damages to… Read More »