Negligence

The term Negligence is derived from the Latin word ‘negligentia”, which means ‘failing to pick up. In the general sense, the term negligence means the act of being careless and in the legal sense, it signifies the failure to exercise a standard of care that the doer as a reasonable man should have exercised in... Continue Reading →

General Conditions Of Liability In Torts Including Mental Element

A Tortious liability may arise if a person causes any injury related to the victim’s life, property, reputation, etc. This liability is civil in nature. In law of tort, the liability can be incurred regardless of whether the injury was inflicted intentionally or by accident. Unlike tort, the presence of mens rea is pertinent in... Continue Reading →

Vicarious Liability 

Meaning and Definition:  The doctrine of ‘vicarious liability is generally termed as ‘liability for the acts of others.  Vicarious is derived from the Latin term ‘vice’ i.e., in the place of. By this phrase, we mean the liability of a person for the tort of another in which he had no part. It may arise under... Continue Reading →

LIABILITY FOR MIS-STATEMENTS

Deceit / Fraud When a person intentionally and knowingly deceives another person into an action that damages them, it is a type of legal injury that occurs. Deceit specifically requires the tort-feasor to make a factual representation very well knowing of the fact that it is false, or indifferent or reckless about its truthfulness, intending... Continue Reading →

How Tort is different from Contract

Tort The tort is a civil wrong that is derived from the Latin term "torture" which means a twisted act or crooked act. The person who commits the tort is known as 'Tort feasor' and the person who suffered injury/damage by the tort feasor is known as the injured/aggrieved person. According to Section 2(m) of... Continue Reading →

Development of Law of Tort

The law of Torts in India is a relatively new branch of evolving clustered law which needs to be supplemented by codifying statutes by bringing it under the ambit of one umbrella upon the basis of the maxim ubi jus ibi remedium which means “where there is a right, there is a remedy.”. Improvising on... Continue Reading →

Basics of Tort

Tort The tort is a civil wrong that is derived from the Latin term "torture" which means a twisted act or crooked act. The person who commits the tort is known as 'Tort feasor' and the person who suffered injury/damage by the tort feasor is known as the injured/aggrieved person. According to Section 2(m) of... Continue Reading →

Classification of Torts

Introduction A civil breach committed against someone resulting in legal action is known as a tort. In these cases, the injured party is eligible to sue for damages, or compensation, for what happened to them. This is often seen in personal injury cases, where the plaintiff in the claim sues the defendant for financial obligations... Continue Reading →

Principles of Liability in Torts

Every person in our country is entitled to some legal right. Law imposes a duty on every individual to respect the legal right bestowed on others and any person interfering with someone else’s enjoyment of their legal right is said to have committed a tort. Torts are basically civil wrongs which lead to civil damages.... Continue Reading →

Nature and Definition of Torts in India

Nature and Definition of Torts in India Introduction Law of Torts is completely grounded on precedents Though precedents play an important part in the development in any law, but in case, the law of torts is the only source of law. There's a enactment or act that specifically deals with the Law of torts. Through... Continue Reading →

Remedies available under the Law of Torts

Introduction The very first question that came to mind is what is the remedy? A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. In simpler terms remedy is a kind of relief that is provided to the aggrieved party or the plaintiff who suffered harm by... Continue Reading →

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