When the negligence is committed by two or more persons, then such negligence is called as composite negligence. Introduction about Composite Negligence In our nation, the term “composite negligence” refers to both types of cases: independent tort feasors and joint-tort feasors. The tortfeasors’ responsibility under composite negligence is joint and many. In such a case,…
Contributory Negligence, In some cases, a person who has been injured would be unable to seek compensation from another since his own carelessness led to his harm; everyone is obliged to take appropriate care of himself. “Negligence is conduct that fails to correspond to the standards necessary by law for safeguarding others (actionable negligence) or…
Origin of word negligence – The word negligence derived from latin term βnegligentiaβ that means βdisregardβ. Meaning & definitions of Negligence When there is no intention of causing harm to the person complained of – it is called as negligence. Carelessness on the part of defendant constitutes negligence. If, there is an unreasonable conduct followed…
Rule of Absolute Liability, On 1st January, 1987 a new beginning started in India pertaining to the law of Strict Liability. Bhagwati C.J. ; did not follow the principles laid down in the case of Rylands v. Fletcher. The Court had to assess what the measure of liability of an entity operating in a hazardous…
Strict Liability Simply put, the law of strict liability holds the defendant liable for inadvertent injuries produced by his lack of intention and negligence. In other words, the law occasionally acknowledges ‘no fault’ culpability. Those who engage in hazardous or risky activities must recompense for any harm produced, regardless of their own negligence. The foreseeable…
(Vicarious Liability of State) In England, under the Common Law, the king could not be sued in tort either for wrongs actually authorized by it or committed by its servants in the course of their employment. The individual wrongdoer was only personally responsible and he could not take the defence of orders of the Crown…