This article is about Volenti Non-fit Injuria which is one of the most important Latin maxim in law of torts. The maxim Volenti Non-fit Injuria is based on the principle of justice and good concerns because a man cannot complain of harm to which he has consented to with his full knowledge and free will.…
INTRODUCTION The word “nuisance” is derived from the French word “nuire”, which means “to do hurt, or to annoy”. One in possession of a property is entitled as per law to undisturbed enjoyment of it. If someone else’s improper use in his property results into an unlawful interference with his use or enjoyment of that…
If a man is compelled to do an act out of sheer necessity, he will not be liable for the injurious consequences of it to another even if the said act has caused considerable damage to the latter. There is a well known saying that necessity knows no law. For example, if a boat fully…
Generally a tort consists of some act done by a person which causes damage to another for which damages are claimed by the latter against the former. Damage here means injury or loss and damages means compensation claimed. The word injury is limited to an actionable wrong while damage means loss or harm occurring in…
Introduction: Tort is a civil wrong. Tort law does not have a codified substantive law; rather, it is developed through judicial decisions based on English common law concepts of justice, equity, and good conscience, with its origins in royal writs issued by the chancery. The tort of trespass is one of the oldest and most…
Meaning and definition of torts. Law generally denotes any rule of human conduct enforced by the State. In its wider sense it includes all religious, social, political and moral rules of conduct. But all these are not strict rules of law. Only those rules of conduct of persons which are protected and enforced by the…
In fixing liability under tort, malice is generally considered as an important factor. The word malice means spite, ill- will hatred, evil motive etc. Such malice is generally known as express malice or actual malice or malice in fact. It indicates the bad motive of a person in doing a particular act to cause evil…
In my opinion, both Kelsen’s and Austin’s theories have certain drawbacks. Although both theorists have taken a scientific approach of law to get universal application yet, there exists a vast difference in the path taken by them. Under Austin’s theory, the sovereign was the political superior as well as the primary source of law. Even…
INTRODUCTION Every person is accountable for the acts that they perform but not for the conduct of others. However, there are some instances in which a person is liable for the acts of another person, which is known as vicarious liability. So, for this to happen, both persons must have a certain type of relationship,…
INTRODUCTION Defence is a term that refers to starting a conversation that leads to the court ruling in favour of the respondent in tort. It is a tool of protection that can be used to avoid debt in tort only if the activity has suitable norms attached to these excuses, and where the complainant brings…
