Law of Torts

Law of Torts

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 maxi…

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, an…

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 solel…

Defamation law and Judicial Intervention

ABSTRACT Politicians or celebrities are understood to take some risk in being in the public eye and many of them profit by their public persona. Defamation is the communication of a false statement…

Nuisance as a Tort

Introduction The word Nuisance is derived from the French word ‘Nuire’[1] which means to annoy or hurt. It is an unlawful interference with a person’s use or enjoyment of land. Under normal circums…

Malicious Prosecution

Introduction Malicious Prosecution is a civil as well as criminal wrong which brings a civil suit as well as a criminal proceeding. Malicious Prosecution is firstly described under Law of Torts and…

Introduction to Law of Torts

A tort is a civil wrong. This is basically a breach of duty imposed by law, which gives rise to a civil right of action for a remedy not exclusive to any other area of law. How the word tort came t…

Vicarious Liability of States

Introduction to Vicarious Liability of State Rex non potest peccare (The king can do no wrong) is an ancient and fundamental principle of the English law which means that if a tort was committed by…

Contributory and Composite Negligence

Introduction In the case of contributory negligence, a person who has himself contributed to the extent cannot claim compensation for the injuries sustained by him in the accident to the extent of …

Rules of Strict and Absolute liability

Strict Liability Strict liability is the principle which evolved from case of Rylands v. Fletcher in the year 1868. This principle clearly states that a person who keeps hazardous substances in his…

Remedies in Torts

Introduction The two principal remedies available to the victim of a tort are damages to compensate for the harm he has suffered and, where appropriate, an injunction to prevent future harm. Damage…

Damnum Sine Injuria and Injuria Sine Damno

Damnum Sine Injuria It means damage which is not coupled with an unauthorized interference with the plaintiff’s lawful right. Causing of damage, however substantial, to another person is not …