the category law of torts aim to provide all notes regarding law of torts.
Law does not expect a person to approach the court for redress where a person can solve the wrong tasks made by the defendant by himself or self help. Such remedy which a person is allowed to seek without approaching the court for justice are known as Extra Judicial Remedies in tort. Types of Extra-Judicial…
Remedies for torts are of two kinds: Judicial and Extra judicial Remedies. Judicial remedies Judicial remedies are those which are afforded by the act of law, viz. Judicial remedies: (1) awarding of damages; (2) granting of injunction; and (3) restitution of property. Awarding of Damages The most significant remedy available to the plaintiff is damages….
Meaning of Trespass to land in tort – Any interference with the possession of land without lawful justification will constitute a tort of trespass to land. Definition : Trespass to land is the unjustifiable interference with the possession of land. (Winfield) Essentials of Trespass to Land There are mainly two essentials of Trespass to Land….
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…