Law of Torts

VICARIOUS LIABILITY

By- Divesh Gupta, BBA.LLB Vivekananda Institute of Professional Studies INTRODUCTION The doctrine of vicarious liability lies at the heart of all common law systems of tort law. The general rule of vicarious liability is that the person who causes damage must pay the compensation to the victim. If there is some relationship between the defendant …

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Nuisance

The word ‘nuisance’ has originated from the Latin word ‘nocere’ or ‘nocumentum’ and French word ‘nuire’ which in the legal sense means ‘annoyance’ or ‘harm’. The element of illegal ‘annoyance’ is the only thing common to all nuisances. One has to endure some degree of noise, dust, smell, fume, the escape of effluent etc., otherwise, …

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Nervous shock

  Earlier in tort law reimbursement was awarded for suffering from some physical injury only. Nervous shock is that branch of law that is nascent and still evolving. If a person has got injury through his senses i.e., by what he has seen or acoustic senses it comes under the category of nervous shock. It …

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Negligence

  In general usage, the word ‘negligence’ denotes mere carelessness. In a legal sense, it signifies a failure to exercise the standard of care which the doer as a reasonable man should have exercised in the circumstances. The term negligence means where a person has a duty to take care and the care is not …

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GENERAL DEFENCES

There are some general Defences that nullify the tortious liability of a person. As we have already discussed in the previous chapter that action may fail if the plaintiff fails to prove the essential ingredients of a tort. But even after proving the constituents of a tort, a plaintiff will fail, if the defendant justifies …

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