the category law of torts aim to provide all notes regarding law of torts.
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…
(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 ‘vicarious liability’ 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…