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,…
Evolution of Law of Torts in England and India Definition & Evolution of Law of Torts, The essential nature of the law of torts is that it is not codified like statute laws. The law of torts in India is based on English Common law, which is the product of judicial decisions. In Rajkot Municipal…
Island of Bombay Administration of Justice in Bombay (1668-1726),The Portuguese were the first Europeans to acquire Bombay Island in 1661 from King Sultan Bahadur of Gujarat. The island was transferred as a dowry gift to Charles II by the Portuguese king Alfnous VI. Charles II transferred it to the East India Company in 1668 for…