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…
[2] Trespass to Land Trespass to land means “interference with the possession of land without justification.” To constitute the wrong of trespass neither force, nor unlawful intention, nor actual damage is necessary. “Every invasion of a private property, be it…
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…