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 specific set of conditions that go attached…
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…
Vicarious Liability – Concept, Origin and Relations governed by it
Introduction Vicarious liability is a theme of “Law of Torts” before proceeding to this topic it’s equally salient to know about the law of torts. Imitative from the Latin term “tortum”, meaning tw…
Absolute Liability: A journey from Strict Liability
Strict Liability and Absolute Liability The journey of the evolution of a legal principle cannot be better understood through the study of any other principle than of absolute liability principle. …
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…
Assault, Battery and Mayhem – Trespass to the Person
INTRODUCTION Assault and Battery are two terms that are used interchangeably extremely often. In one’s mind, the term ‘assault’ means to physically hit or injure another, but it is not so. They are…
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…
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 …
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 …