Ubi Jus Ibi Remedium is a Latin maxim that says, where there’s a wrong, there’s a remedy. If a crime is committed, the law gives a means of redress. The maxim can be stated as follows: “No one will suffer a wrong without a remedy,” which suggests that if a right has been proven to…
NEGLIGENCE Negligence is the act or omission done by the offender carelessly due to which the harm is caused to the plaintiff. The harm can be physical harm, mental harm, economically loss, monetary loss, harm to property, harm to reputation etc. The harm caused to the plaintiff due to the negligence of the defendant he…
When an action is brought against the defendant by the plaintiff which covers all the essentials of that tort, the defendant would be liable. But he can avoid his liability by taking plea of some defences. Defences are of two types – specific offence and general defence. Specific defence are peculiar to some particular wrongs,…
Strict Liability When a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant is said to be a Strict liability. Only a person can be held liable and certain exceptions are available in it. Elements Dangerous Substances: The…
There are situations when an individual could also be responsible for some harm albeit he’s not negligent in causing the same, or there is no intention to cause the harm, or sometimes he may even have made some positive efforts to avert the same. In other words, sometimes the law recognizes ‘NO FAULT’ liability. In…
There are two essentials of tort. These are:- 1. Wrongful act or omission 2. Legal damage – Infringement of legal damage Wrongful act or omission A person is liable for thought if he does some at which he was not supposed to do or omitted some at which he was supposed to do. Example: trespassing,…
A person in possession of a property is entitled to its undisturbed enjoyment as per law. However, if someone else’s improper use or enjoyment in his property ends up resulting into an unlawful interference with his enjoyment or use of that property or of some of the rights over it, or in connection with it,…
Negligence is a civil tort that occurs when a person breaches his duty of care given to another, causing that other person to incur some hardship or legal injury. Negligence can be defined in layman’s terms as the failure to discharge or the failure to perform anything owing to reckless behavior. Negligence was defined in…
BATTERY Battery, which requires physical contact with the victim, is broken down into three separate elements: the defendant’s conduct, his mental state, and the harm done to the victim. Although many statutes do not define battery with specificity, or even list these elements, it is a widely recognized principle of law that each of them…
ABSTRACT Contributory Negligence is when plaintiff fails to exercise reasonable care and caution for his/her safety and contributes in defendant’s negligence. An employee does not wear safety helmet while working on a construction site and an accident occurs because of the negligence of other party but the failure of wearing the safety helmet contributes…
