GENERAL DEFENCES UNDER LAW OF TORTS

INTRODUCTION: When a lawsuit is brought against a defendant for the commission of a tort and all of the components of that wrong are present, the defendant is deemed accountable. Even in such circumstances, the defendant can avoid culpability by pleading with one of the tort law defences. Some defences are more specific to certain... Continue Reading →

NERVOUS SHOCK

Nervous shock is a shock to the nerve and brain structure of the body. If a person has got injury through his sense i.e., by his visual it comes under the category of nervous shock. Shock means more than just fright and must result in a pathological condition to which a Doctor can attest. The... Continue Reading →

TRESPASS TO A PERSON

Generally, trespass is when there is a wrongful interference with someone’s property without any valid justification. The interference should always be direct and tangible either by a person or by a person through an object. For example, throwing stones at someone’s house would be rendered as trespass to property. In addition to that, there is... Continue Reading →

nature and definition of torts

Abstract While getting off from the train someone pushes you, what would you do? Someone forces you not to vote at the elections, how will you redress this? A man enters your yard without your permission, what will be your action? Your neighbour plays loud music all the day during your exam days, what will... Continue Reading →

NUISANCE IN INDIA; PART-2

TYPES OF NUSIANCE: Nuisance can be mainly divided into two parts, namely – Private Nuisance and,Public Nuisance Let’s understand their meanings: PRIVATE NUISANCE: Private nuisance is an obtrusion with a person’s use of land. According to the law, those who own a land or property with legal means possess the rights to use the land... Continue Reading →

Injuria Sine Damno &Damnum Sine Injuria

Introduction:- 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... 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 →

Widening the defense of Insanity in Indian Penal Code

Section-84 of the Indian Penal Code deals with the act of a person of unsound mind wherein it states that “Nothing is an offence which is done by a person, who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he... Continue Reading →

NUISANCE VS NEGLIGENCE

Nuisance and Negligence are both Specific torts. Torts fall into three general categories: intentional torts (e.g., intentionally causing an injury to a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are wrongs that the defendant knew... Continue Reading →

vicarious liability of state : all you need to know

ABSRACTVicarious Liability refers to a situation where someone is held responsible for the actions or omissions of another person. in the field of torts, it is considered to be an exception to the general rule that a person is liable for his own acts only. It is based on the principle of qui facit per... Continue Reading →

Liability For Animals.

The liability for the damage done by animals can be studied under the following three heads: (1) The Scienter Rule: The liability of the defendant under this rule depends upon the knowledge of the dangerous character of the animals. If the defendant has not been able to properly control the animal which he knows or... Continue Reading →

Nuisance

The word nuisance has been derived from the French word ‘nuire’ which means, to hurt or to annoy. Ordinarily, nuisance means disturbances. In law of tort it may be described as unlawful interference with a person’s use or enjoyment of land or of some right over, or in connection with it. Kinds of Nuisance  Public Nuisance TortPrivate Nuisance Tort... Continue Reading →

DAVIES VS MANN

DAVIES VS MANN Brief Fact Summary. The Plaintiff, Davies (Plaintiff), had his butt illicitly fastened along a public highway. The Defendant, Mann (Defendant), went along the way at a speedy speed and ran down the ass, murdering it. The appointed authority trained the jury that if the proximate reason for the injury was because of... Continue Reading →

Case Analysis of ASHBY VS. WHITE Presented by- Sana Sri Nandan

Ashby vs. White Citation(s): (1703) 92 ER 126, (1703) 2 Ld Raym 938, (1703) 1 Sm LC (13th Edn) 253 Date of Judgement: 01.01.1703 Court: Court of King’s Bench Facts:  The owner of Gloucester descriptive linguistics college (the plaintiff) filed a legal instrument petition and his plea was he suffered financial loss thanks to... Continue Reading →

wrongs of strict liability

Generally, a man is held liable for his negligence which results into harm or violation of rights of others. But there are certain exceptions to this general principle of liability. Such cases are those where a person is held liable for his act even though he did not do it intentionally or negligently. In other... Continue Reading →

Injuria Sine Damno, Dammum sine injuria.

Injuria sine damno means violation of a legal right without causing any harm, loss or damage to the plaintiff. There are two kinds of torts:Firstly those torts are actionable per se, I.e. actionable without the proof of any damage or loss. For instance, trespass to land is actionable even though no damage has been caused... Continue Reading →

Remedies in Torts

Remedies in Torts (Introduction) -Remedies for Tort are of two kinds- 1) Judicial 2) Extra Judicial Judicial Remedies refers to those remedies that are afforded by the law and a person has to approach the Court of Law in order to obtain such remedies. These are of the following kinds- 1) Avoiding of Damages/ Compensation... Continue Reading →

Nuisance

Nuisance basically means hurting anyone or causing injury to a person by the deeds of another person. It includes hurting or causing injury to the person by causing nuisance of lands, tenements, or hereditaments and it does not amount to the trespass. The word ‘nuisance’ is derived from the word nuire, to do hurt, or... Continue Reading →

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: