STRICT LIABLITY

Strict liablity   A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. The defendant is liable to the neighbor for emission of harmful gases with offensive smell from his big... Continue Reading →

MALICIOUS PROSECUTION

Malicious prosecution consists in instituting unsuccessful criminal proceedings maliciously and reasonable and probable cause. When malicious prosecution through criminal proceedings causes actual damage to the party prosecuted, it is a tort for which he can bring an action. Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its... Continue Reading →

bailment

The term ‘bailment’ is derived from a French word ‘bailer’ which means ‘to give or to deliver’. In Common law, it means any kind of handing over of certain property, particularly goods, for a certain period.As per Section 148 of Contract Act, 1872, “A bailment is the delivery of goods by one person to another... Continue Reading →

dEFAMATION

Defamation is injury to the reputation of a person. If a person injures the reputation of another he does so at his own risk, as in the case of an interference with the property. A man’s reputation is his property, and if possible, more valuable, than other property.Any intentional false communication, either written or spoken,... Continue Reading →

Independent Tortfeasors and joint tortfeasors

Independent Tortfeasors When the acts of two or more persons, acting independently, concur to produce a single damage, they are known as independent tortfeasors.There is no concerted action on the part of independent tortfeasors.There is mere similarity of design on their part although they act quite independently of one another.For eg. two motorists driving negligently... Continue Reading →

battery

Battery is the intentional and direct application of any physical force to the person of another. It is the actual striking of another person, or touching him in a rude, angry, revengeful, or insolent manner.A battery includes an assault which briefly stated is an overt act evidencing an immediate intention to commit a battery. It... Continue Reading →

REMEDIES IN LAW OF TORTS

A party is said to be ‘aggrieved’ when something that they may have been enjoying has been taken away from them by another party. This is an infringement of a party’s rights and it is treatable by law.A legal remedy is one such treatment. When the aggrieved person is taken back to the position that... Continue Reading →

Absolute liablity

ABSOLUTE LIABLITY Wrongs of absolute liability imposes a kind of liability on a person which is somewhat peculiar in the sense that a person becomes liable without there being any fault on his/her part. It is absolute, meaning thereby, that it is not necessary for the injured party to prove any intention or negligence on... Continue Reading →

BATTERY

Battery is the intentional and direct application of any physical force to the person of another. It is the actual striking of another person, or touching him in a rude, angry, revengeful, or insolent manner.A battery includes an assault which briefly stated is an overt act evidencing an immediate intention to commit a battery. It... Continue Reading →

RESERVE BANK OF INDIA

RBI-CENTRAL BANK OF INDIA The Reserve Bank of India (RBI) is the central bank of India, which was established on Apr. 1, 1935, under the Reserve Bank of India Act. The Reserve Bank of India uses monetary policy to create financial stability in India, and it is charged with regulating the country's currency and credit... Continue Reading →

ASSAULT

The assault is generally an attempt to harm someone else which also includes threats against other people. So, assault is a planned attempt to violently harm another person. An assault is a threat or attempt to do a corporeal hurt to another, coupled with an apparent physical ability and intention to do the act. Actual... Continue Reading →

TRESPASS TO LAND

Trespass to land means interference with the possession of land without lawful justification. In trespass, the interference with the possession is direct and through some tangible object. Trespass is actionable per se and the plaintiff need not prove any damage for an action of trespass.To constitute the wrong of trespass neither force, nor unlawful intention,... Continue Reading →

Injuria SINE DAMNO DAMNUM SINE INJURIA

There are two kinds of torts:Those torts which are actionable per se- actionable without the proof of any damage or loss. (Injuria Sine Damno).Torts which are actionable only on proof of damage caused by an act.(Damnum Sine Injuria) INJURIA SINE DAMNOIt means Injury without damage or it means an infringement of an absolute private right... Continue Reading →

FALSE IMPRISONMENT

False Imprisonment may be defined as an act of the defendant which causes the unlawful confinement of the plaintiff.To constitute false imprisonment certain factors such as probable cause for imprisonment, knowledge of the plaintiff for imprisonment, intention of the defendant while causing imprisonment and period of confinement matters i.e It consists in the imposition of... Continue Reading →

nuisance

The word “nuisance” has been derived from the Old French word “nuire” which means “to cause harm, or to hurt, or to annoy”. The Latin word for nuisance is “nocere” which means “to cause harm”.Nuisance is an injury to the right of a person’s possession of his property to undisturbed enjoyment of it and results... Continue Reading →

VICARIOUS LIABLITY

Vicarious liability means the liability of a person for an act committed by another person and such liability arises due to the nature of the relation between the two.For e.g. A, is a driver who works for B and while driving B’s car for taking him to his office, he hits C, a pedestrian due... Continue Reading →

GENERAL DEFENCES IN LAW OF TORTS

When a plaintiff brings an action against the defendant for a particular tort or violation of legal right, resulting in legal damages, and successfully proves the essentials of a tort, the defendant is held liable.Even in such cases, the defendant can avoid his liability by taking the plea of the defenses available under the law... Continue Reading →

contributory negligence

Contributory negligence basically means ignorance from both the parties involved. If a person is driving a car without any breaks met with an accident with another person who was driving on the wrong side of the road. This results in contributory negligence. It’s a defence available to the defendant in case of contributory negligence which... Continue Reading →

ECOSYSTEM RESTORATION

LETS NURTURE THE NATURE SO THAT WE CAN HAVE BETTER FUTURE‘ECOSYSTEM RESTORATION' to heal our degraded ecosystems and biodiversity is the need of our times. The author has pioneered some model ecotechnologies in Restoration Ecology. What the ecosystem of our degraded planet Earth and its deprived poor need desperately today is, Restoration. Unsustainable development, terrorist... Continue Reading →

Drug abuse – a slow poison

In this modern world of elevation , it is becoming a trend to cope up with the spreading nature of surrounding and opt all the amelioration. Without even knowing the fringes of particular commodity a hombre always emulate the latest drift in the fear of dillydallying . As per this scenario, one of the most... Continue Reading →

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