(The Course of Employment) A master, like a principal, is liable for every tort which he actually authorizes. The liability of a master is not limited only to the acts which he expressly authorizes to be done but he is liable for such torts also which are committed by his servant in the course of…
Vicarious Liability, Generally a person is liable for his own acts, but in many cases he may be held responsible for the torts committed by others. This is known as the βvicarious liabilityβ i.e. liability incurred for, or instead of, another. The common examples of such a liability are: Liability of the principal for the…
These are the general defences in law of tort’s 1.Volenti non fit injuria If a person suffers a harm voluntarily then it does not constitute a legal injury and is not actionable. The maxim volenti non fit injuria signifies this meaning. A man cannot make an excuse for an injury which he has received in…
Mental Element in Tortious Liability, Unlike criminal law, where mens rea or guilty mind is an important factor to determine a crime, in a tort, the state of mind of a person is not so important, and in fact irrelevant, except in certain cases (because unlike criminal law, the focus in the law of torts…
Essentials of Law of Tort, When the interest is protected, it gives rise to a legal right which in turn gives rise to a corresponding legal duty. Some legal rights are absolute and its mere violation leads to the presumption of legal damage. To constitute a tort or civil injury following ingredients are necessary: (a)…
The nature of law of torts can be understood by these distinction’s. Distinction Between Tort and Crime | Nature of Law of Tort TORT CRIME 1. It is a private wrong i.e. an infringement of the private or civil right of an individual. It is comparatively less serious and labelled as civil wrong. For example,…