Category Archives: Law of Torts

Doctrine Of Sovereign Immunity: The Development In India | Overview Introduction: Doctrine Of Sovereign Immunity Doctrine Of Sovereign Immunity in England Doctrine Of Sovereign Immunity in India Landmark Cases State of Rajasthan v. Vidyawati (1962) Kasturi Lal Ralia Ram v. State of U.P (1965) Conclusion The doctrine of Sovereign Immunity holds that the state or the sovereign can……...

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….…...

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……...

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….…...

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……...

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….…...

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 with these defences, when the plaintiff brings an action against the defendant for a particular tort, providing the existence of all the essential of that tort……...

The liability of the administration and the government in tort is governed by the principles of public law inherited from British Common Law and the Provisions of the Constitution. Introduction The administration is the one who makes the laws sometimes, but can it be made liable for his actions under the law which it makes? The constitution is……...