The word tort is derived from the Latin tortus, meaning twisted. It came to mean wrong, and it is still so used in French: J ai tort; I am wrong. In English, the word ‘tort’ has a purely technical legal meaning – a legal wrong for which the law provides a remedy. But the word…
ABSRACTVicarious Liability refers to a situation where someone is held responsible for the actions or omissions of another person. in the field of torts, it is considered to be an exception to the general rule that a person is liable for his own acts only. It is based on the principle of qui facit per…
Introduction An individual possessing a property is qualified for its undisturbed pleasure according to law. In any case, in the event that another person’s ill-advised use or satisfaction in his property winds up coming about into an unlawful obstruction with his delight or utilization of that property or of a portion of the rights over…
Introduction: In ordinary utilization, the word ‘carelessness’ signifies simple indiscretion. In a lawful sense, it implies the inability to practice a standard of care which the practitioner as a sensible man ought to have practiced in the conditions. By and large, there is a lawful obligation to take care when it was sensibly predictable that…
The liability for the damage done by animals can be studied under the following three heads: (1) The Scienter Rule: The liability of the defendant under this rule depends upon the knowledge of the dangerous character of the animals. If the defendant has not been able to properly control the animal which he knows or…
The owner of property has the right to use that property in any legal manner they wish, including keeping other individuals from entering their property. Trespassing, or trespass to land, occurs when an individual enters onto another individual’s land without their permission or without a legal right to be on the property. Trespassing may be…
The word nuisance has been derived from the French word ‘nuire’ which means, to hurt or to annoy. Ordinarily, nuisance means disturbances. In law of tort it may be described as unlawful interference with a person’s use or enjoyment of land or of some right over, or in connection with it. Kinds of Nuisance Public Nuisance Tort Private Nuisance…
Nervous SHOCK IN TORT LAW The law identifying with apprehensive stun has a long history of acknowledgment. The topic of recuperation for anxious stun (or mental injury) carelessly brought about by another has been one which has astounded different courts in different custom-based law purviews all through the world since it was first settled on…
DAVIES VS MANN Brief Fact Summary. The Plaintiff, Davies (Plaintiff), had his butt illicitly fastened along a public highway. The Defendant, Mann (Defendant), went along the way at a speedy speed and ran down the ass, murdering it. The appointed authority trained the jury that if the proximate reason for the injury was because of…
Ashby vs. White Citation(s): (1703) 92 ER 126, (1703) 2 Ld Raym 938, (1703) 1 Sm LC (13th Edn) 253 Date of Judgement: 01.01.1703 Court: Court of King’s Bench Facts: The owner of Gloucester descriptive linguistics college (the plaintiff) filed a legal instrument petition and his plea was he suffered financial loss thanks to…
