Every person has a right to live with dignity. This right of reputation is acknowledged as an inherent personal right of every person as part of the right of personal liberty. A man’s reputation is an invaluable property. If a person’s reputation is being damaged then this loss exceeds far compared to the damaged property.…
Res Ipsa Loquitor It is elementary in the law of torts that the onus of proving negligence lies upon him who alleges it. The burden to prove on the defendant of not being negligent and that reasonable care was taken. The evidence is self-explanatory and no further evidence is to be required. In an action…
There are some activities which are very dangerous in nature. Even a little negligence has severe and irreversible consequences. In such cases it becomes important that the law levy punishments even if it is no one’s fault. This is known is the Rule of Strict Liability, it comes into play especially in commercial and other…
Generally, a man is liable for the wrong committed by him. But there are certain cases where a person is held liable for a tort committed by another. The word ‘vicarious liability’ means delegated; the word ‘vicarious liability’ means the liability of a person for the tort of another. For the present purpose the law divides persons working for others…
The word ‘negligence’ has its roots in the Latin word ‘negligentia’ meaning ‘failing to pick up’. So the general meaning of negligence is being reckless and careless while doing something but the legal meaning of Negligence is the conduct of an individual which fails to conform to a required standard of duty of care. The…
The rule that it is for the plaintiff to prove negligence and not for defendant to disprove it, is in some cases one of considerable hardship to the plaintiff, because it may be that the true cause of the accident lies, solely within the knowledge of the defendant who caused it. In such cases it…
‘Res Ipsa Loquitur’ (“the thing speaks for itself”) is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. This means that while plaintiffs typically have to prove that the defendant acted with a negligent state of mind, through Res…
In day-to-day life, the word ‘negligence’ means nothing else but carelessness. Under the legal sense, it highlights the failure to perform the basic of care which the performer as a reasonable man should perform have in all the situations. In general, there is a legal duty to consider when it can be foreseen that failure…
Punitive damages are also called exemplary damages. They are awarded both to deter the defendant and others from conduct similar to the conduct that gave rise to the lawsuit, and to punish the defendant. They are often awarded to set a public example. Punitive damages are awarded infrequently, but they may be appropriate in many…
Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. This tort balances competing principles, namely freedom that every person should have in bringing criminals to justice and the need for restraining false accusations against innocent persons. Malicious prosecution is an abuse of the…
