CONCEPT OF STRICT AND ABSOLUTE LIABILITY Strict liability and Absolute liability functions under the no-fault liability principle which says that- If a person/enterprise brings any hazardous/dangerous substance of non-natural use in its premises and if that substance escapes and does any mischief, then whatever loss the other party suffers that person/enterprise shall be made liable…
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…
Strict liability is a theory that imposes legal responsibility for damages or injuries even if the person who was found strictly liable did not act with fault or negligence. This theory usually applies in three types of situations: animal bites (in certain states), manufacturing defects, and abnormally dangerous activities. In some jurisdictions, the theory of…
MENSE PROFIT OF A PROPERTY. Trespass to land: Trespass to the land means that a voluntary interfere with the possession of someone’s property without any lawful justification. Such a trespass should be direct and through some tangible object. For Ex., throwing stones at the neighbor’s house is a trespass to the land, as there is…
Introduction: It is well establishes rule of common law that if a person himself invites a danger and injury is caused to him, nobody shall be responsible for such injury. Such principle is commonly known as doctrine of ‘Volenti non fit injuria’. Shall injury shall not constitute a legal injuria and as such it is…
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…
INTRODUCTION Nuisance is one of the most interesting topic in Law of Torts. It plays a vital role in understanding the difference between civil and criminal wrongs. Nuisance can be either public or private, that is, in public nuisance, the wrong which is committed effects a large number of people whereas on the other hand,…
Assault: An assault may be defined as the unlawful laying of hands on another or attempts to do a corporeal hurt to another, coupled with the present ability and intention to the act. According to Sir Frederick Pollock- “The essence of the wrong of assault is putting a man in present fear of violence, so…
INTRODUCTION: The word tort has been derived from the word “tortum”, which is a Latin term which means “twist”. Tort law refers to wrongful activities in which the perpetrator infringes on the legal rights of another person. The law imposes an obligation to respect the legal rights vested in society’s members, and anyone who fails…
LITERAL MEANING: Ignorance of the law is no excuse. DEFINITION: The lack of awareness of the law is not a reason for disobeying it, according to this notion. It is a Latin aphorism that states that lack of facts can be excused, but ignorance of the law cannot. Every individual should be familiar with the…
