Generally, a person is liable for his own wrongful acts and one does not incur any liability for the acts done by others. In certain cases, however, vicarious liability, that is the liability of one person for the act of another person, may arise. In order that the liability of A for the act done…
Vicarious Liability deals with situations in which one party is responsible for others’ actions. Therefore, both the person at whose behest the act is performed and the person who performs the act are responsible in a case of vicarious liability. Employers are also vicariously responsible for the wrongdoing of their workers committed during the course…
Sec 3-Enforcing religious disabilities. Whoever on the ground of “Untouchability” prevents any person— (a) from entering any place of public worship which is open to other persons professing the same religion of any section thereof, as such person; or (b) from worshipping or offering prayers or performing any religious service in any place of public…
Over the past several years the ‘tort of negligence’ has become the most common area of tort law. Negligence is said to have been committed when a person owes a duty of care towards someone and commits a breach of duty by failing to perform it resulting in legal damage caused to the complainant. In…
The term tort has been explained in the Chambers Dictionary, Tort is any wrong or injury not arising out of contract for which there is the remedy by compensation or damages. According to Ratan Lal and Dhiraj Lal in their book the Law of Torts, a tort means, a civil wrong independent of a contract…
Introduction Before learning about the various aspects of Law of Torts and reformations needed in India, it is expedient for us to understand what a ‘tort’ is. Tort is a wrong done to a person, but it is not a criminal wrong. Rather, it’s a branch of civil law tree. It is a civil wrong…
Faeser defines tort as “Tort is an infringement of a right in rem of a private individual giving of compensation at the suit of the injured party”. A crime is an invasion of public rights and duties affecting the whole society or community. Felony means a crime of any kind which is legally graver than…
Negligence comes from the Latin word Negligentia, which meaning “to fail to pick up.” It is generally knowledge that the tort law of India is based on English common law. As a result, the courts of India develop and modify negligence legislation based on the principles of justice, equality, and good conscience. Negligence entails a…
INTRODUCTION: The King cannot make a mistake with the literal sense of “Rex Non-Potest Peccare.” This medieval idea of English meant that the King is God’s son and cannot be prosecuted. Furthermore, he cannot be sued for misdemeanors, as he cannot arrange for illegal activity. The idea that the citizen may not be entitled to…
Under law of torts, whenever a person does a wrongful act or an illegal omission that causes injury to another person or infringes on another person’s legal rights, he is held accountable and must compensate the victim of the act. However, due of the operation of tort defences, even if a person suffers a loss…
