Dworkin criticizes Hart’s theory primarily on two grounds, namely the Rule of Recognition and Judicial discretion. H.L.A. Hart tries providing a middle course between Formalism and Rule-Scepticism. He called Mechanical Jurisprudence a “noble dream”, where the judges interpret the law on the basis of the pre-existing rules and without any societal consideration. This Formalism is…
Law of torts or civil wrong is an under-construction concept for most underdeveloped and developing countries like India itself. Due to its uncodified nature, its viability is constantly under question rather more than once helping it drift away to a box of its pre-existing fellow un-noticed rights. Let’s take a look at why the Civilians…
FACTS: Ashby v. White is an eighteenth-century voting rights case wherein, Mr. Ashby was deniedthe right to vote in an election due to the misdeeds of a constable, Mr. White, who claimedthat he was not a permanent resident. There was no harm done to Mr. Ashby and thecandidate to whom Ashby wanted to vote for,…
Meaning of Interpretation “The essence of law lies in the spirit, not its letter, for the letter is significant only as being the external manifestation of the intention that underlies it.” Salmond Interpretation means the art of finding out the true sense of enactment by giving the words of the enactment their natural and ordinary…
The literal meaning of the maxim, Damnum Sine Injuria, is loss or damage in terms of money, property, or any physical loss that occurs without the infringement of any legal right. It is not actionable in law even if the act was intentional and done with the intent of causing harm to someone else but…
INTRODUCTION The reputation of the person plays a very important role in reflecting his character. People do not prefer engaging with someone with a bad reputation. Defamation is both, a tort i.e., a civil as well as a criminal offense. Defamation is when a person’s reputation is tarnished by another person. This does not sound…
Fault and no fault liability No Fault Liability :- The Rule of Strict Liability also known as The Rule of No-Fault Liability which means the individual might have the liability without being at fault. The person in this case may not have done any harmful or negligent act or may have put in some positive…
Section 76- Section 106 General Defences available in Torts Volenti Non fit Injuria (Consent) Plaintiff is the wrong doer Inevitable Accident Vis Major i.e. Act of God Private Defence Mistake Necessity Statutory Authority Volenti non fit injuria ‘Volenti non fit injuria’ literally translates to “to one who volunteers, no harm is done” which means the…
DEFENCES: Some of the defences while are available to a person, are as follows – Prescriptive right to commit nuisance, and Statutory Authority Let’s discuss them one by one: PRESCRIPTIVE RIGHT TO COMMIT NUISANCE: If an activity is performed from the past 20 years or more, without and objections or hindrance, then the person performing…
f any person commits any act, which causes injury to another person under the law of tort, then he is held liable and has to pay damages to the other person but sometimes a person suffering didn’t receive damages because the other party takes the defence of volenti non-fit injuria. In this case, a person…
