admindeepak An assault may be defined as-an unlawful laying of hands on another or an attempt to do a corporeal hurt to another, coupled with present ability and intention to do the act. It should be noted that actual contract is not necessary in case of assault. But it is not every threat, when there is … Read more
Plaintiff’s right to rely on the duty of care of others There are certain circumstances when the plaintiff is entitled to asusme the absence of danger and he is not bound to anticipate and take precaution against the possible negligence of the defendant. Contributory negligence is no defence when the plaintiff suffers due tothe defendant’s … Read more
Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge become redundant. Can the govt claim immunity when entering contracts under the President’s name? Here’s what SC has ruled The Supreme Court has held that … Read more
Contributory negligence of the children If a plaintiff is a child or other persons under some form of personal ability, it is enough if he shows as much care as a person of that kind may reasonably show. He will not lose his remedy simply because a person of full capacity might, by using some … Read more
This doctrine is also referred to as “the dilemma principle”, “choice of evils” or the agony of moment. Where the plaintiff is suddenly put in a position of imminent personal danger by the wrongful act of the defendant and he takes a reasonable decision to avoid the danger and acts accordingly and suffers injuries consequently, … Read more
The rule of Last Opportunity means that he who had last opportunity of avoiding the accident, notwithstanding the negligence of the other, is solely responsible. The rule of last opportunity may be explained in the following manner : Although the plaintiff is guilty of negligence, yet if the defendant could in the result, by use … Read more
Contributory negligence may be defined as negligence in not avoiding the consequences arising from the negligence of some other person, when means and opportunity are afforded to do so. Contributory negligence does not depend on the breach of any duty as between the plaintiff and the defendant, but it depends entirely on the question whether … Read more
The general rule is that the onus of proving negligence is on the plaintiff. He must not merely establish the facts of the defendant’s negligence and of his own damage, but must show that the one was the effect of the other. A relevant factor in this connection is whether there was any contract between … Read more
In Dickson v. Reuter’s Telegraph Co., a sent a telegram to B for the shipment of certain goods. The telegraph company by mistake delivered the telegram to C. C, acting on the telegram sent the goods to A. A refused to accept the goods stating that he had ordered to goods not from C but … Read more
In Yatayat Nigam Udaipur v. Union of India, there was public highway going across the railway track and on the border of the road near the railway crossing there was a hedge and trees. The level crossing at the relevant time was an open and unmanned level crossing with no gate, no chain barrier, no … Read more