Ubi Jus Ibi Remedium is a legal maxim in latin, which literally says that – where there is a wrong there is a remedy. Which means if any wrongful act is committed by the person and there is a breach of the rights of the other individual, a remedy is to be provided or else…
INTRODUCTION TO UBI JUS IBI REMEDIUMIt is a Latin maxim that means where there is a wrong, there is a remedy. Ifany wrong is committed then the law gives a remedy for that. The maximcan be expressed as that any person will not suffer a wrong without aremedy, it means that once it is proved…
ORIGIN Absolute Liability holds the individual absolutely liable for acts produced by the escape of a harmful object in the non-natural usage of land. The law of Strict Liability was seen to be solid and concrete until the 1980s in India, when the worst catastrophe of the Bhopal Gas Leak happened, and the issue of…
A Negligent person is liable for the injury. But sometimes plaintiff himself contributes Negligence or when he has by his own Negligence contributed to the damages occasioned by the Negligence of the defendant. In case of Contributory negligence both plaintiff and defendant are Negligent. Butterfield vs. Forester The defendant has put a pale across the…
Where there is a vested right of action for a tort, it may be discharged by: 1. Death of one of the parties: The common law maxim is action personalize moritur cum persona which means a person’s right of action dies with the person. At common law, if an injury were done either to the…
Death of one of the parties – the common law maxim is action personalis moritur cum persona which means a person’s right of action dies with the person. At common law, if an injury were done either to the person or property of another, for which damages only could be recovered in satisfaction, the action…
Defamation is a civil wrong. It is a publication of a false statement without any lawful excuse. It is publication of such statement which tends to injure another person. If a statement tends to expose another person for ridicule or contempt, such statement shall also be defamation in nature. The defamatory statement must expose the…
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In Anglo-American jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or…
Injuria sine damno is a breach of a legal right that does not cause the plaintiff any pain, loss, or damage, and whenever a legal right is violated, the person who owns the right has the right to sue. Every person has an absolute right to his or her property, personal immunity, and liberty, and…
Strict Liability The principle of strict liability emerged in the case of Rylands v Fletcher. In the year 1868, a strict liability stated that anyone keeping dangerous items on their premises would be prosecuted if those items fled the area and caused any damage. According to the facts of the case, X had a mill…
