Obligation towards Children If the children are trespassers the only duty of the landowner is not to injure them intentionally, or to put dangerous traps for them intending to injure them. He is under no liability if in trespassing; they…
Obligation towards Trespassers A trespasser has been defined as “one who goes upon land without invitation of any son and whose presence is either unknown to the proprietor, or, if known, is particularly objected to.” Thus, a trespasser is a…
Structures Adjoining Highways The owners of structures adjoining highways have a duty to maintain them properly so that there is no damage to the users of highways. Thus, if a person is not maintaining his building properly he would be…
Negligence and Occupier’s Liability for Dangerous Premises An occupier of premises or of other structures like cars, ships, airplanes or lifts owes an obligation to the persons who enter those premises, or structures, in respect of their personal safety and…
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.…