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There are nine classes of persons who cannot be sued in tort. They are as follow: on 1. Sovereign or King (President or Governor) The legal principle of sovereign immunity provides that a sovereign or king, such as a President or Governor, cannot be sued in court in the law of torts without their consent. … Read more
Ans. “Generally speaking”, Sir Frederick Pollock observes, “there is no limit to personal capacity either in becoming liable for civil injuries or in the power of obtaining redress for them.” In the Law of Torts, as in other laws, the general rule is that all persons are entitled to sue and are liable to be … Read more
The statement “a tort is essentially a civil injury but all civil injuries are not torts” is true. While all torts are civil wrongs or injuries, not all civil wrongs or injuries are classified as torts. This is because the law of torts only applies to a specific set of civil wrongs or injuries that … Read more
The aim of the law of torts refers to the overarching purpose or objective of this branch of civil law. The law of torts aims to provide a legal framework for individuals who have suffered harm or injury as a result of the wrongful actions or omissions of others. Although a tort is essentially a … Read more
In this article we will discuss the relevance of intention, motive and malice in law of torts. The intention, motive, and malice of the defendant are relevant factors in the law of torts as they can affect the level of liability and damages awarded to the plaintiff. Intention is an important factor in determining liability … Read more
A question is generally asked whether there is any general principle of liability in tort. The question is often posed in the form, “Is there a law of tort or only a law of torts?” The two views are set out in the question that SALMOND asked: There are the following twocompeting theories in this … Read more
Tort and bailment are two distinct legal concepts that serve different purposes in common law jurisdictions. Tort is a civil wrong that involves a breach of a legal duty owed by one party to another, while bailment is the transfer of possession of property from one party to another for a specific purpose. Section 148 … Read more
Tort and breach of trust are two distinct legal concepts that serve different purposes in common law jurisdictions. Tort is a civil wrong that involves a breach of a legal duty owed by one party to another, while breach of trust is a violation of the fiduciary duties owed by a trustee to the beneficiaries … Read more
Difference between Tort and Crime According to Prof. Kenny- “Crimes are wrongs whose sanction is punitive and is no wayremissible by any private person, but is remissible by the crown alone, if remissible at all”. A tort is widely different from a crime. A tort differs from a crime in the following four respects- (i) … Read more
Difference between Tort and Breach of Contract Tort and contract differ from one another in the following respects – (1) In tort, there is a violation of a right in term, i.e., a right vested in some determinate person and available against the whole world, whereas a breach of contract is an infringement of a … Read more