NUISANCE: The word nuisance has been driven from the French word “nuire”. “Nocere” in the legal sence its means “annoyance” or “harm” or “disturbance”. MEANING Peacefully enjoy one’s own property is legal right of an individual. But everyone must endure limited degree of noise, dust, smell, smoke, vibration, the influents etc. from his neighbor. It’s…
If a tort was filed, the plaintiff provides all the existing essentials against the defendant and he would be liable for the same. In some cases, the defendant can claim some general defences and can escape or reduce his liabilities. For example, if someone welcomes his friend to his house, then he cannot sue the…
Introduction: Liability for commission of tortious acts generally only attaches to a person responsible for commission of 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…
INTRODUCTION Every man has a right to have his reputation preserved inviolate. The right of reputation is acknowledged as an inherent personal right of every person as the part of the right of personal security. A man’s reputation is his property, more valuable than other property. Defamation is the injury to the reputation (reputation of…
The Mischief Rule The mischief rule of interpretation originated in Haydon’s case. In this case, the Boron’s of the exchequer resolved “that for the sure and true interpretation of all statutes in general four things are to be discerned and concerned; (1st) What are the common laws before the making of the act. (2nd) What…
If there is a right, there is a remedy. If the legal right is violated, there is a remedy for the violation. It is not necessary that this violation cause any damage or loss. In order to be successful in an action for tort, the plaintiff has only need to prove that there has been…
INTRODUCTION Tort, in common law or civil law, is an act or wrongful act in which harmed to someone – one that infringes on the rights of other. Plaintiff can suit filed against the defendant for tortuous act due to which endured the loss or harm by plaintiff. This article about vicarious liability one of…
Introduction Nuisance came into our language from the French word nuire, which means ‘to annoy’ or ‘to cause harm’. Literally, nuisance means irritation or annoyance. It is a noun that has been used in English since the 15th century. The law guarantees everyone the right to enjoy and use their property. There is a tort…
Introduction: A tort is a civil wrong involving unlawful behaviour or the infringement of a legal right, and the person who commits the tort is legally responsible for the claimant’s damages. The tortfeasor is the one who engages in this tortuous behaviour. The difference between a tort and a criminal offence is that the latter…
The Latin maxim Res Ipsa Loquitur literally means that thing speaks for itself. This Maxim refers to a situation in which the facts of the case make itself evident that the defendants negligence caused the plaintiffs injury or damages. No more evident is necessary to prove the negligence of the defendant. It is an exception…
