The term ‘nuisance’ is derived from the French word ‘nuire’ and the Latin word ‘nocere’ or ‘nocumentum,’ which implies ‘annoyance’ or ‘damage’ in a legal sense.In Durga Prasad v State (AIR 1962 Raj 92), it was said that the term “nuisance” typically refers to anything that bothers, hurts, or is objectionable. Definition of NuisanceAs a…
It is defined as the institution of Malicious case against another without reasonable or probable case. 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 an…
Any direct infringement of a protected interest resulting from a positive conduct is actionable if justified. Trespass to person refers to wrongs that damage someone’s personal safety and freedom. It can be perpetrated both negligently and maliciously. If the invasion is direct but predictable, or if the invasion is the result of an omission rather…
False imprisonment occurs when someone restricts someone’s free mobility, which is movement of one’s own free choice. It might be in a field, a house, or a roadway. False imprisonment is entire constraint or confinement of a man’s liberty.To hold a False imprisonment, there must be two basic elements: first, there must be a total…
Everyone has a ‘Right to Reputation’. Defamation is the unlawful and therefore punishable offense of damaging a person’s reputation (without just cause or legitimate excuse) by inflicting hatred, contempt, or ridicule. If you damage the reputation of others, do so at your own risk, just like infringing on proprietary rights. Winfield defines defamation as “publication…
Remoteness of Damages, In law, the injury must be direct and natural as a result of the defendant’s action. Otherwise, the plaintiff will fail. This is referred to as “In jure non remota causased proxima spectatur” (In law the immediate, not the remote cause of any event that is to be considered). This is because…