The history of malicious prosecution may be traced back to Edwards I’s reign, when the writ of conspiracy was in use. The writ of maintenance superseded it in the 16th century, and it fell into disuse. An action on the case, which first emerged during Elizabeth I’s reign and became known as action for Malicious…
The word tort has been derived from a Latin word “tortum” which means twisted or crooked. Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract, or, the breach of trust, or, other merely equitable obligation. It is different…
Liability is a legal obligation owed by one party to another who has been injured or whose property has been damaged.You are liable if the judicial process finds you guilty for harming another person (bodily injury) or damage another person’s property. You’ll be legally compelled to recompense the victim in some way if you’re proved…
As a general rule, if a person commits a wrong, he is liable for it himself. However, there lie exceptions to this rule and one may be held liable for torts committed by others. One may be held liable for the acts of others even though he may be free from personal blame of faults,…
The first thing that came to my mind after reading both the words was that it is same but written in opposite way just like active & passive voice in English language paper. In Latin ‘Injuria’ means injury, ‘Sine’ means without and ‘Damnum’ means damage. So, basically, Injuria sine damno means injury without damage or an…
Vicarious liability: An Introduction Vicarious liability deals with cases where one person is liable for the acts of others. so in the case of vicarious liability both the person at whose behest the act is done as well as the person who does the act are liable. The common example of such liability are: Liability…
Contributory negligence is that the conception that the litigator did one thing that caused a lot of harm than would usually have occurred because of the plaintiff’s negligence, or that the litigator failed to do one thing that might have satisfied the harm caused by the plaintiff’s negligence. Contributory negligence could be a plaintiff’s failure…
A strict liability tort refers to extremely significant incidents in which the defendant is legally responsible but not necessarily negligent. A strict liability tort is one in which a person is held accountable only on the basis of the demonstration of specific facts. In other words, no proof of negligence or any other mental aspect…
Nuisance, according to the most widely accepted meaning, is an unlawful interference with a person’s use and enjoyment of land, or of some claim over, or in connection with it, as defined by Bermingham. As a result, it is an injury or inconvenience suffered by a person while using his property as a result of…
Donoghue, a Scottish case, is a well-known case in English law that influenced tort law and, in particular, the concept of negligence. Mrs Donoghue’s acquaintance brought her a ginger beer from Paisley’s Wellmeadow Café on August 26, 1928. She only drank approximately half of the bottle, which was made of black opaque glass, before pouring…
