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.…