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…

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…