Vicarious Liability In Tort
moulik Introduction Vicarious liability is a legal concept where one party is held responsible for the actions of another. This often comes into play in employer-employee relationships. If an employee (the…
Tort
Absolute Liability In Tort
Introduction The principle of absolute liability was established in India through the landmark case of M.C. Mehta v. Union of India, also known as the Oleum Gas Leak case. This…
Strict Liability in Torts
Introduction Strict liability in torts, also known as “No-Fault Liability,” is a legal concept where a party is held liable for damages without the need to prove negligence or fault.…
Ex Turpi Causa Non Oritur Actio
Introduction “Ex turpi causa non oritur actio” — from an unlawful cause, no action arises — encapsulates a fundamental principle in tort law. This Latin maxim asserts that individuals cannot…
Parties and Their Capacity in Tort Law
Introduction Understanding the capacity of different parties involved in tort law is crucial for navigating legal disputes. Here, we explore various entities, including states, minors, lunatics, married women, corporations, trade…
Mistake in Tort | Defence
Introduction When it comes to tort law, understanding the concept of “mistake” is crucial. A mistake, whether of fact or law, often does not serve as a defense in tort…
Statutory Authority In Tort Law
Introduction In the realm of tort law, statutory authority serves as a crucial defence. Shielding individuals or entities from liability when their actions are authorized by legislation or statute. Legislative…
Private Defences in Tort Law
Introduction Private defence in tort law allows individuals to protect themselves from harm or injury. This right is fundamental and recognized in many legal systems, including India. The law permits…
Necessity in Tort Law
Introduction The doctrine of necessity is a fascinating aspect of tort law that provides a unique defence. Let’s dive into what necessity means and how it applies in legal contexts.…
Inevitable Accident | Defence in Tort
Introduction In the realm of tort law, an inevitable accident is an incident that occurs despite all reasonable precautions and care taken by the involved parties. We also know it…