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Showing posts with the label Law of Tort

What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...
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Distinction Between 'Volenti Non Fit Injuria' and 'Contributory Negligence'.

1. Volenti Non Fit Injuria affords a complete defence after passing of the law Reform (Contributory Negligence) Act, 1945. Contributory negligence is a partial defence. There is no power to the apportion the loss in cases of contributory negligence. 2. In Volenti Non Fit Injuria, a plaintiff can never be held to have been volens unless it is shown that he had full knowledge of the nature and extent of the risk. A plaintiff may be guilty of contributory negligence, if he did not know but ought to have know of the danger which confronted him. 3. In Volenti Non Fit Injuria, a plaintiff may be truly volense even when he is exercising the utmost care for his own safety. A plaintiff may be guilty of contributory negligence when he is careless for his own safety. 4. Volenti is not a defence to breach of statutory duty. Contributory negligence is a defence to breach of statutory duty. 5. In Volenti Non Fit Injuria the plaintiff knows the risk in the...
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Act of God (Vis Major)

An Act of God will be an extraordinary occurrence due to natural causes which is not the result of human intervention which could not be avoided by any amount of foresight and care for example a fire caused by lightning. But an accidental fire though it might not have resulted from any act or omission of common carrier, cannot be said to be an Act of God. Act of God also recognized as one of the general defences to liability in tort. Act of God means an act or escape caused directly by natural cause without human intervention and is "so unexpected that no human foresight or skill could reasonably be executed to anticipate it". Thus as an Act of God is an act which "is due to natural causes directly and exclusively without human intervention, and that it could not have been prevented by any amount of foresight and pains and care reasonably to have been expected from him. According to Lord Mansfield, Act of God is something in opposition to the act of man. It has been s...
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Distinction Between Nuisance and Negligence

The main difference between Nuisance and Negligence are as follows :- 1) In nuisance, the plaintiff need not prove that the defendant was under a legal duty to take care "for all that the plaintiff need show is only that he has been injured by the defendant's conduct. In negligence, the plaintiff must prove that the defendant was under a legal duty to take care. 2) In nuisance the defendant will be liable in some cases even through he had taken all reasonable care under the circumstances. In negligence, the vital question is whether the defendant had taken reasonable care. 3) A nuisance may be caused intentionally. A negligence negatives intention. 4) In nuisance, the plaintiff  must prove some injury to his enjoyment of property and his own interest in that property. In negligence, the plaintiff need not prove some injury to his enjoyment of property. 5) In nuisance, the plaintiff need not prove damage expect where the right in question depends on it. In ...
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Purpose or Object of the Law of Tort

The main purpose or object of the law of tort are :- The main object of the law of torts is to afford compensation to a person whose legally protected interest that is, rights has been violated by another person. It is served as a means of shifting the loss, caused to a person by wrongful act of another person, from the injured person to the person causing the injury. The purpose of the law of tort is not so much to punish the wrongdoers, but to adjust the losses in modern living and to afford compensation  for injuries sustained by one person as a result of the conduct of another. Prof. William L. Prosser says that in so broad a field where so many different types of individual interests are involved, and they may be involved in so many kinds of conduct, it is not easy to find any single guiding principle which determines when such compensation is to be paid. So far as there is one, it would seem that liability must be based upon conduct which is socially unreasonable. The ...
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