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…
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…