Assault & Battery are used by the people in their everyday life and still are not aware of the two term’s existence. Remember in your school / college days when you would tell your friend that you will punch him but never did OR when you told you were so angry at him that without…
Anything that curtails or impairs the freedom of limits of the judicial proceedings must of necessity result in hampering of the administration of Law and in interfering with the due course of justice. In India, under Section 2(a) of the Contempt of Courts Act of 1971 defines contempt of court as civil contempt or criminal…
The concept of absolute liability evolved in India after the case of M.C Mehta vs Union of India famously mentioned as Oleum Gas Leak case. This is one among the historic cases within the Indian Judiciary. The case of M.C Mehta is predicated on the principle of strict liability but with no exception got and therefore the…
Whenever plaintiff brings action for the tort committed by defendant having some essentials which are required for the liability in tort, then defendant will be held liable for the same under the law of torts. But there are some defences under which defendant can escape himself from the liability of that particular tort which was…
Legal damage is an important ingredient in constituting a tort. To prove an action for tort, the plaintiff has to prove that there has been a wrongful act, an act or omission of an act which has caused a breach of a legal duty or violation of any legal right which is vested in the…
Historically, the development of some laws, legal concepts or legal rules were not from acts of parliament or statutes but from various judgments of English courts as well as courts of various common law countries. Tort law is not a result of any act or statutes but it has evolved from various landmark cases of…
Tort signifies conduct which is crooked or twisted. This branch of law has received different definitions by different writers though the basis of the definition lays emphasis on the same features which are a) Act or omission in violation of law b) Legal Injury or legal damage and c) legal remedy by way of unliquidated…
Negligence is a breach of the obligation for negligence, this is what a rational person will do under the guidance of considerations that normally regulate human affairs, or will do things that a cautious and rational person would not do. The negligence which is actionable that consists the neglect of the use of ordinary care…
Psychology is the scientific study of behaviour, experience and mental processes. Behaviour includes all of our outward or overt actions and reactions, such as talking, facial expressions and movement. Mental processes refer to all the internal, covert actions of our minds, such as thinking, feeling and remembering. To study behaviour and mental processes in both…
The word ‘nuisance’ is derived from the word nuire which means to hurt or annoy. Nuisance basically means hurting anyone or causing injury to a person by the deeds of another person. According to Salmond, nuisance consists in causing or allowing to cause without lawful justification, the escape of any deleterious thing from one’s land…
