Wednesday, August 4, 2021
Essentials of Negligence

Essentials of Negligence Under the Law of Torts

In an action for negligence, the plaintiff has to prove the following essentials of negligence : That the defendant owed duty of care to the plaintiff; The defendant made a breach...
Breach of Duty

Breach of Duty in Tort Law – Negligence

Breach of duty means non-observance of due care which is required in a particular situation. What is the standard of care required? The standard is that of a reasonable man or...
Essentials of Negligence

Negligence in Tort Law – theteche.com

The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments it is said have assigned various meanings to negligence. The Apex Court in Jacob Mathew V. State...
Maintenance and Champerty in Tort

Maintenance and Champerty in Tort

Maintenance means aiding a party in civil proceedings by pecuniary assistance or otherwise, without lawful justification. Maintenance is both a tort and crime. The essence of the offence is intermeddling with...
Malicious Prosecution

Malicious Prosecution – Abuse of Legal Procedure

A malicious prosecution is defined as "a judicial proceeding instituted by one person against another, from wrongful or improper motive and without probable cause to sustain it." It is said to...
Public Nuisance

Public Nuisance – Kinds of Nuisance – Common Nuisance

Public nuisance is a crime whereas private nuisance is a civil wrong. Public nuisance is interference with the right of public in general and is punishable as an offence. Obstructing a...
Communication Between Husband and Wife

Communication Between Husband and Wife – Law

In the eyes of law, husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication. In...
Defamation - Libel and Slander Law

Defamation – Libel and Slander Law

Defamation is injury to the reputation of a person. a person injures the reputation of another, he does so at his own risk, as in the case of an interference with...
Vicarious Liability of the State

Vicarious Liability of the State – Position in England

At Common Law, the Crown could not be sued in tort' either for wrong actually authorized by it or committed by its servants, in the course of their employment. Moreover, no...
Doctrine of Common Employment

The Doctrine of Common Employment in Tort

The rule known as the doctrine of Common Employment was an exception to the rule that a master is liable for the wrongs of his servant committed in the course of...