INTRODUCTION The word tort derived from the Latin term ‘tortum’,which means ‘to twist’. It includes that conduct which is not straight or lawful , but, on the other hand, twisted, crooked or unlawful. It is equivalent to the English term ‘wrong’. Tort is a civil wrong which is redressible by an action for unliquidated damages…
Vicarious liability is a type of “strict liability” or “secondary liability,” however unlike strict liability, vicarious obligation derives from the principal’s relationship with the wrongdoer, whereas strict liability arises from the wrong itself. It refers to one person’s responsibility for the wrongdoings of another. When it comes to vicarious liability, the usual norm is that…
In M. C. Mehta v. Union of India, the Supreme Court was dealing with allegations arising from the oleum gas leakage from one of Shriram Foods and Fertilizers Industries’ units in Delhi on the 4th and 6th of December, 1985. One advocate practising in the Tis Hazari Court was said to have died as a result…
The tort law in India has developed and evolved from the tort law in the United Kingdom. This law, often known as “judge made law,” is not based on a statute and is not codified. Regardless, it has been there for a long time, although the number of tort suits has been declining. Tort is…
The term nuisance comes from the French word “nuire,” which meaning “to injure or irritate.” The word nuisance literally means “disturbance,” but it can also be defined as “unlawful interference with a person’s use or enjoyment of land” in tort law. Nuisance is a result of improper usage or enjoyment of land by an individual…
In simpler language, the word ‘negligence’, could mean that when a reasonable man or a person, had a duty of care owed, and they un-intentionally failed the perform the promise which they owed to the plaintiff, and due to such a breach the plaintiff had suffered a damage. Although it is pertinent to note over…
INTRODUCTION The master-servant and employer-employee relationships are governed by different doctrines. These doctrines are sometimes used to assess a person’s liability. The doctrine of Respondeat Superior, which is founded on the principle of vicarious liability, is one of these doctrines. MEANING OF THE MAXIM The maxim Respondeat Superior had its origin in the United States…
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…
The word “nuisance” is derived from the French word “nuire,” which meaning “to injure, annoy, or cause harm.” Nuisance is derived from the Latin word “nocere,” which meaning “to hurt.” There is no precise definition of “nuisance” because it is based on the political, social, and economic factors that exist in that particular country, as…
THE TORT OF NUISANCE According to Salmond “Nuisance consists in causing or allowing to cause without lawful justification, the escape of any deleterious thing from one’s land or from anywhere into land in possession of the plaintiff, such as water, smoke, gas, heat, electricity, etc.” Hence, any inappropriate use of property that causes trouble, discomfort, irritation,…
