Law Faculty

Nervous Shock (Reasonably Foreseeable Consequence of Negligence) The common law gives no damages for grief, emotional distress, anxiety etc. Under ‘nervous shock’, a claim for damages can be made without showing direct impact or fear of immediate personal (bodily) injuries.…

Composite Negligence When the negligence of two or more persons results in the same damage to a third person there is said to be ‘composite negligence’, and the persons responsible are known as ‘composite tort-feasors’. In England there are two…

The Last Opportunity Rule (How for Contributory Negligence is a Defence?) At common law, contributory negligence was a complete defence, and the negligent plaintiff could not claim any compensation from the defendant (See Butterfield v Forrester). The courts modified the…

Contributory Negligence In certain circumstances a person who has suffered an injury will not be able to get damages from another for the reason that his own negligence has contributed to his injury; every person is expected to take reasonable…

Defences to Negligence (i) Contributory negligence. (ii) Volenti non fit injuria. (iii) Express contract (clause for contracting out of negligence; the courts, however, construe such exemption clauses very strictly). (iv) Judicial acts, executive acts and statutory authority– in very exceptional…

Remoteness of Damage (A Limitation to Action for Negligence) No person can be made liable ad infinitum for all the consequences, which follow his wrongful act. A person is held responsible in law only for consequences, which are not remote.…

Res Ipsa Loquitur (Proof of Negligence) Though, as a general rule, the plaintiff has to discharge the burden of proving negligence on the part of the defendant, there are, however, certain cases when the plaintiff need not prove that and…

Negligence Generally speaking one is responsible for the direct consequences of his negligent acts where he is placed in such a position with regard to another that it is obvious that if he does not use due care in his…

Malicious prosecution Malicious prosecution consists in instituting unsuccessful criminal, or bankruptcy, or liquidation proceedings, maliciously and without reasonable and probable cause. When such prosecution causes actual damage to the party prosecuted, it is a tort for which he can bring…

Distinction between Trespass and Conversion (1) Trespass is essentially a wrong to the actual possessor and therefore cannot be committed by a person in possession. Conversion, on the other hand, is a wrong to the person entitled to immediate possession.…

Conversion Conversion (also called `Troyer’) consists in wilfully and without any justification dealing with goods in such a manner that another person, who is entitled to immediate use and possession of the same, is deprived of them. It is dealing…

[3] Trespass to Goods Trespass to goods is wrongful direct physical interference with the possession of them, viz throwing stones on car, shooting birds, beating animals, removing or injuring or destroying goods, infecting the animals with disease or chasing animals…

TRESPASS Trespass, in its widest sense, signifies any transgression or offence against the law of nature, of society, or of the country, whether relating to a man’s person or to his property. The principle of ‘trespass’ was that any direct…

Kinds of Nuisance Nuisance is of two kinds: Public or common nuisance and Private nuisance. Public nuisance is a crime (Sec. 268, IPC) whereas private nuisance is a tort or civil wrong. Public Nuisance A public nuisance can be defined…

NUISANCE Nuisance as a tort means an unlawful interference with a person’s use or enjoyment of land, or some right over, or in connection with it. Acts interfering with comfort, health or safety are the examples of it. The interference…

Deceit Deceit is a false statement of fact made by A, knowingly or recklessly, with intent that it shall be acted upon by B, who does act upon it and, thereby, suffers damage (Winfeild). In Peasley v. Freeman: The principle…

CONSPIRACY When two or more persons without lawful justification combine for the purpose of willfully causing damage to the plaintiff, and actual damage results therefrom, they commit the tort of conspiracy. It may consist in the agreement of two or…

Defences to Defamation (1) Justification or Truth In a civil action for defamation truth of the defamatory matter is complete defence (under criminal law, besides being true the imputation must be shown to have been made for public good). The…

Essentials of Defamation (1) The words must be false and defamatory; (2) The said words must refer to the plaintiff; and (3) The words must be published. (1) The Words must be Defamatory Defamatory statement is one, which tends to…

Defamation Every man has a ‘right to reputation’. Defamation is a tort which injures reputation and is therefore actionable. As stated in Dixon v Holden (1869) 7 Eq. 488, “A man’s reputation is his property, and if, possible, more valuable,…

JOINT TORTFEASORS All persons who aid, or counsel, or direct or join in the committal of a wrongful act are joint tortfeasors. Thus, when two or more persons commit tort acting in the furtherance of a common design, they are…

Scienter Action means “Action when there is Knowledge”. This is the principle applied in respect of animals. Animals are broadly classified in to two categories. 1. Ferrae naturae and 2. Mensuetae naturae. Ferrae Naturae means ferocious animals which are by…

Torts – Committed in Exercise of Statutory Duties In India, tort committed while performing duty in discharge of obligations imposed by law has been considered to be a defence. However, for that it is necessary that the tortious act committed…

Vicarious Liability of the State In England, after the passing of the Crown Proceedings Act, 1947, the Crown is liable for a tort committed by its servants just like a private master. In India, Art. 300 of the Constitution provides…