In certain circumstances the right of action in tort is extinguished. In such cases the tort is committed but no action can be maintained and if a suit is brought it shall be dismissed. In such cases the wrong-doer is discharged from liability of tort. The circumstances in which ‘a person is discharged from the … Read more
By ‘mental shock’ is meant a shock to the moral or intellectual sense; by ‘nervous shock’ a shock to the nerve and brain structures of the body. The phrase ‘nervous shock’ is generally used as a convenient caption for discussing the cases on the subject, but the words, ‘nervous’, ‘mental’ or ’emotional’ shock are now … Read more
Novus Actus Interveniens literally means, “a new intervening act”. As a general rule, damage is said to be too remote where it is caused by the intervening act of human volition of a third party, or when the injury to the plaintiff might have been occasioned by the intervening act of volition on the partof … Read more
According to the doctrine of Remoteness of Damages, damages are said to be too remote, where the causal connection between it and the defendant’s act is regarded by the law as not sufficiently direct to create responsibility. It is also known as the doctrine of Natural and Probable Consequence. This doctrine is also expressed by … Read more
The task of determining the amount of compensation for personal injuries is difficult. Personal injuries may be of two kinds : (1) non-pecuniary loss and, (II). pecuniary loss. (1) Non-pecuniary losses. Non-pecuniary losses are the following: (1) Pain and suffering: If as a result of defendant’s negligent act pain and suffering is caused to the … Read more
In the law of torts the remedies available to the injured person can be divided into two heads: (1) Judicial, and (II) Extra-judicial. (I) Judicial Remedies Judicial remedies are remedies by way of action at law. The injured party may institute a suit in a Court of law and obtain redress. The remedies obtainable for … Read more
In a tort of nuisance the following remedies are available to the persons wronged: (A) In case of Public Nuisance the following remedies are available: (1) Under the criminal law: Under Sections 268 of the Indian Penal Code. Public Nuisance is a crime. According to this section a person is guilty of public nuisance who … Read more
A defendant in an action for nuisance may take up the following defences: (1) Grant: When the defendant had right under the terms of a contract to do an act of nuisance, no action can be brought against him. (2) Prescription: A right to commit a private nuisance may be acquired as an easement by … Read more
A lawful act does not become unlawful merely because it has been done with a bad motive and unlawful act does not become lawful because it has been done with good motive. This principle has been laid down by the House of Lords in the case of Brandford Corporation v. Pickals. The House of Lord … Read more
Stone v. Bolton, is a good illustration on the point. In this case the plaintiff was passing through a highway. There was a cricket ground at a some distance from the highway. He was hit by a cricket ball from the defendant’s ground and was injured. It was held that the defendant was not liable … Read more