ABETMENT The concept of abetment widens the horizons of criminal law to incorporate these criminal intentions and penalize them even when the person who bought the knife did not kill anyone but handed it over to someone else to do it. To explain the concept of abetment, the word ‘abet’ should be given deep scrutiny.…
Strict liablity A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. The defendant is liable to the neighbor for emission of harmful gases with offensive smell from his big…
Independent Tortfeasors When the acts of two or more persons, acting independently, concur to produce a single damage, they are known as independent tortfeasors.There is no concerted action on the part of independent tortfeasors.There is mere similarity of design on their part although they act quite independently of one another.For eg. two motorists driving negligently…
A party is said to be ‘aggrieved’ when something that they may have been enjoying has been taken away from them by another party. This is an infringement of a party’s rights and it is treatable by law.A legal remedy is one such treatment. When the aggrieved person is taken back to the position that…
ABSOLUTE LIABLITY Wrongs of absolute liability imposes a kind of liability on a person which is somewhat peculiar in the sense that a person becomes liable without there being any fault on his/her part. It is absolute, meaning thereby, that it is not necessary for the injured party to prove any intention or negligence on…
Battery is the intentional and direct application of any physical force to the person of another. It is the actual striking of another person, or touching him in a rude, angry, revengeful, or insolent manner.A battery includes an assault which briefly stated is an overt act evidencing an immediate intention to commit a battery. It…
A writ is a quick remedy against injustice, a device for the protection of the rights of citizens against any encroachment by the governmental authority. writs originated in Britain where they were king’s or queen’s ‘prerogative’ writs and were commands to the judicial tribunals or other bodies to do or not to do something. Since writs…
Vicarious LiabilityGenerally, 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…
There are two kinds of torts:Those torts which are actionable per se- actionable without the proof of any damage or loss. (Injuria Sine Damno).Torts which are actionable only on proof of damage caused by an act.(Damnum Sine Injuria) INJURIA SINE DAMNOIt means Injury without damage or it means an infringement of an absolute private right…
Section 304-A of the Indian Penal Code deals with death due to negligence. This Section was not included in the Indian Penal Code in 1860, but was added later in 1870 to cover the offences which fall outside the capacity of Sec. 299 and Sec. 300. According to the section, whoever causes the death of…
