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…
Law of Torts
Law of Torts
General Defenses in Law of Torts
As far as the defenses under tort law are concerned, there are certain defenses which you can take by any wrong doing in tort law. These are known as general defenses. Let us have a look at these d…
Vicarious Liability — Meaning, Essentials and Important Cases
Meaning of Vicarious Liability Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. What we know till now is that generally a …
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…
Trespass to the person (Assault and Battery) – Meaning, difference and case laws
Introduction – Trespass to the person Trespass to the person means the wrongful invasion of the person right to freedom from interference with his body or his right to personal liberty. This …
Nuisance – Definition, Ingredients and important case laws
DEFINITION Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it. REQUIREMENTS A. CONTINUOUS INTERFE…
Negligence – Definition, Essentials and Contributory Negligence
Introduction and Meaning In everyday usage, the word negligence means mere carelessness. In legal sense it means failure to exercise standard of care which the doer as a reasonable man should have …
Medical and Professional Negligence
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 but it is an act…
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 …