Independent Contractor An independent contractor is a person appointed by the employer to turn out a piece of job. He is different from a servant in as much as a servant is a person who works under the control and…
Vicarious Liability Generally speaking a person is liable for his own acts, but in many cases he may be held responsible for the torts committed by others. This is known as the ‘vicarious liability’ i.e. liability incurred for, or instead…
Rule of Absolute Liability In M.C. Mehta v Union of India (AIR 1987 SC 1086), the Supreme Court evolved the rule of `absolute liability’ as part of Indian law in preference to the rule of strict liability laid down in…
Applicability of Rylands Rule in India The rule of strict liability is applicable in India, however, with certain deviations. The Motor Vehicles Act, 1988, recognizes liability of the owner or insurer of the vehicle, without proof of any negligence (`no…
Exceptions to the Rylands rule (Defences) : The rule of strict liability has been made subject to so many exceptions since it was propounded in 1865 that it has lost much of its sting. The following exceptions to the rule…
Strict Liability Simply stated the rule of strict liability makes the defendant liable for accidental harms caused without any intention and negligence on his part. In other words, sometimes the law recognizes ‘no fault’ liability. The undertakers of hazardous or…
Act of God (vis major) : General Defences in Tort According to Pollock act of God is an “operation of natural forces so unexpected that no human foresight or skill could reasonably be expected to anticipate it”. According to Halsbury’s…
Statutory Authority : General Defences in Tort When a statute authorises the doing of an act, which would otherwise be a tort, the party injured has no remedy except the one (if any) provided by the statue itself. The immunity…
Plaintiff, the Wrongdoer : General Defences in Tort One of the principles of equity is that a party who wants some relief must go to the court with clean hands. However, it is doubtful whether the defendant can take such…
Necessity : General Defences in Tort An act causing damage, if done under necessity to prevent a greater evil is not actionable even though the harm was caused intentionally. The defence of necessity is based on the maxim ‘salus populi…