Every person in our country is entitled to some legal right. Law imposes a duty on every individual to respect the legal right bestowed on others and any person interfering with someone else’s enjoyment of their legal right is said to have committed a tort. Torts are basically civil wrongs which lead to civil damages.…
Strict obligation crimes are those in which the respondent is held obligated for a criminal offense he committed, even in case mens rea is missing. In spite of the fact that the litigant did not expect any hurt by his activities and was totally unconscious that he was committing an illicit act, the convention of strict obligation holds him obligated for the criminal offenses committed. Because of the regard for due handle within the United States, the tremendous majority of strict obligation wrongdoings are less genuine offenses. Most cases of strict obligation are minor infractions and misdemeanors, not about as genuine as felonies, but still justifying overwhelming fines and up…
Nature and Definition of Torts in India Introduction Law of Torts is completely grounded on precedents Though precedents play an important part in the development in any law, but in case, the law of torts is the only source of law. There’s a enactment or act that specifically deals with the Law of torts. Through…
The rule of absolute liability, in basic words, can be characterized as the rule of strict liability short the exceptions. In India, the rule of absolute liability advanced within the case of MC Mehta v Union of India. Usually, one of the foremost points of interest judgment which relates to the concept of absolute liability. The truths of the case are that a few oleum gas spilled in a specific range in Delhi from industry. Due to the spillage, numerous individuals were influenced. The Apex Court at that point advanced the rule of outright obligation on the rule of strict obligation and expressed that the respondent would be at risk for the harm caused without considering the special cases to the…
Introduction The very first question that came to mind is what is the remedy? A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. In simpler terms remedy is a kind of relief that is provided to the aggrieved party or the plaintiff who suffered harm by…
Introduction: Sometimes there are situations where people are held liable for some harm even though they are not at fault and do not have any intention to cause harm. Also known as “NO Fault Liability”, Strict Liability can be defined as the legal responsibility for damages, or injury, even if the person found strictly liable…
Act so that maxim of your act could be made the principal of universal law Immanuel Kant INTRODUCTION A well-known legal theory, proposition, or concept, typically articulated in Latin, is known as a legal maxim. The majority of these Latin proverbs were first used by European governments that used Latin as their official language in…
Rylands V Fletcher, played an important role in tort law and it is a landmark judgement. The defendant in this case had a plan to construct a reservoir on his land for the purpose of providing water to his mill. For the construction of the reservoir he employed independent contractors. While digging there were disused…
Introduction: Liability for commission of tortious acts usually only attaches to a person who commits such tortious acts. There however exists an exception to this general norm. Under certain circumstances, liability for commission of tortious acts attaches to a person who has not actually committed the tortious act, under the law of torts such a…
The Principle of Passing off is basically the law against the tort committed by an entity when he unintentionally or deliberately misrepresents or passes off his goods or services as those of another party’s without that party’s consent and this law is used to enforce registered as well as unregistered trademark rights. The principle of…
