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Category - Law

What is Contributory Negligence
  • Law

What is Contributory Negligence?

March 27, 2021
by Santhakumar Raja
4 min read
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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...

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Professional Negligence in Tort Law
  • Law

Professional Negligence in Tort Law

March 17, 2021
by Santhakumar Raja
5 min read
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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...

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Nervous Shock in Tort Law
  • Law

Nervous Shock in Tort Law – Negligence

March 17, 2021
by Santhakumar Raja
5 min read
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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...

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Res Ipsa Loquitur
  • Law

Res ipsa Loquitur – Proof of Negligence

March 13, 2021
by Santhakumar Raja
4 min read
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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...

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Essentials of Negligence
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Essentials of Negligence Under the Law of Torts

March 6, 2021
by Santhakumar Raja
4 min read
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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...

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Breach of Duty
  • Law

Breach of Duty in Tort Law – Negligence

March 2, 2021
by Santhakumar Raja
4 min read
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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...

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Essentials of Negligence
  • Law

Negligence in Tort Law – theteche.com

March 2, 2021
by Santhakumar Raja
6 min read
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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...

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Maintenance and Champerty in Tort
  • Law

Maintenance and Champerty in Tort

February 22, 2021
by Santhakumar Raja
7 min read
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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...

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Malicious Prosecution
  • Law

Malicious Prosecution – Abuse of Legal Procedure

February 19, 2021
by Santhakumar Raja
6 min read
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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...

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Public Nuisance
  • Law

Public Nuisance – Kinds of Nuisance – Common Nuisance

February 19, 2021
by Santhakumar Raja
5 min read
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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...

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