When the plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant, he is considered to be guilty of contributory negligence. An accident would be said to be the...
Category - Law
In the law of professional negligence, are such as lawyers, doctors, architects. In the category are persons professing some special skill. Any task which is required to be performed with a special skill would generally be...
This branch of law is comparatively of recent origin. It provides relief when a person may get physical injury not by an impact, by stick, bullet or sword but merely by a nervous shock through what he has seen or heard. As far...
Res Ipsa Loquitur : As a general rule, it is for the plaintiff to prove that the defendant was negligent. The initial burden of making out at least a prima facie case of negligence as against the defendant lies heavily on the...
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 of that duty; The plaintiff suffered damage as a...
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 of an ordinarily prudent man. If the defendant has...
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 of Punjab, observed...
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 litigation in which...
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 be “a prosecution...
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 public way by digging a trench, or...