The word “nuisance” has been derived from the Old French word “nuire” which means “to cause harm, or to hurt, or to annoy”. The Latin word for nuisance is “nocere” which means “to cause harm”.Nuisance is an injury to the right of a person’s possession of his property to undisturbed enjoyment of it and results…
Vicarious liability means the liability of a person for an act committed by another person and such liability arises due to the nature of the relation between the two.For e.g. A, is a driver who works for B and while driving B’s car for taking him to his office, he hits C, a pedestrian due…
When a plaintiff brings an action against the defendant for a particular tort or violation of legal right, resulting in legal damages, and successfully proves the essentials of a tort, the defendant is held liable.Even in such cases, the defendant can avoid his liability by taking the plea of the defenses available under the law…
Contributory negligence basically means ignorance from both the parties involved. If a person is driving a car without any breaks met with an accident with another person who was driving on the wrong side of the road. This results in contributory negligence. It’s a defence available to the defendant in case of contributory negligence which…
Section-84 of the Indian Penal Code deals with the act of a person of unsound mind wherein it states that “Nothing is an offence which is done by a person, who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he…
Strict Liability is a legal doctrine that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault. When someone partakes in ultrahazardous activities such as wild animals, using explosives or make any defective products, then they will be held liable if someone else is injured. This is…
Nuisance and Negligence are both Specific torts. Torts fall into three general categories: intentional torts (e.g., intentionally causing an injury to a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are wrongs that the defendant knew…
It is a Latin maxim which means that where there is a wrong, there is a remedy. If any wrong is committed then the law provides a remedy for that. The maxim can be phrased as that any person will not suffer a wrong without a remedy, it means that once it is proved that…
Every person is liable for the acts committed by him and not for the acts done by others but in some cases or situations a person can be liable for the act committed by someone else. This is known as Vicarious Liability. So, for such acts to happen, there must be a specific kind of…
INTRODUCTION TO VICARIOUS LIABILITY Every person is liable for acts, the person commits and not liable for the acts done by others but in some situations when a person is liable for the acts of another person is known as vicarious liability. So, for this to happen there must be a specific kind of relationship…
