If certain acts does not cause nuisance to a healthy man, the sick man cannot bring an action if he suffers any harms from it, even if, it causes substantial damage to him. If an ordinary person is not disturbed by some noise, the plaintiff will not be entitled to sue against it if disturbed … Read more
According to Dr. Winfield nuisance “is an unlawful interference with persons’ use or employment of land, or of some right over or in connection with it.” According to Stephen “nuisance has been defined to be anything done to hurt or annoyance of the lands, tenements or hereditaments of another” not amounting other to trespass. According … Read more
Torts affecting movable property are as follows : (1) Trespass to goods: Trespass to goods is an unlawful disturbance of the possession of the goods by seizure or removal or by a direct act causing damage to the goods (Crozer vs. Cundey). Trespass to goods is technically known as trespass de bonis. Examples: Removing of … Read more
Dispossession is wrongfully taking possession of land from its rightful owner. The word “dispossession” applies only to cases where the owner of land has ‘by the act of some person, been deprived altogether of his dominion over the land itself on the receipt of its profits (Gobind Lall Seal Vs. Debendronath Mullick). In Sundara Sastrial … Read more
A person may legally enter upon another’s land either by consent or by authority of law. In the former case when a person enters upon the another’s land by consent and abuses or goes beyond the permission given to him, he may be liable only as trespasser. But if a person enters the land of … Read more
Maintenance differs from malicious prosecution in as much as: (1) In malicious prosecution the defendant is liable for instituting proceedings on his own behalf, but in maintenance he is liable for assisting another person in a proceeding. (2) It applies to litigation actually pending, tort of malicious prosecution applies after the malicious proceedings are over. … Read more
Maintenance means giving financial aid to some party to continue litigation. Financial aid is given by a person who has no interest in the litigation. It is an unlawful upholding of a party by word, writing countenance or deed. It is defined as officious intermeddling by pecuniary or other assistance with another’s litigation in which … Read more
The main points of distinction between false imprisonment and malicious prosecution are: (i) False imprisonment is wrongfully restraining the personal liberty of the plaintiff, malicious prosecution is wrongfully setting the criminal law against him, (ii) In false imprisonment it is the act of the defendant itself or its agent which has caused he injury to … Read more
Malicious Prosecution is a tort maliciously and without reasonable and probable cause to initiate against another judicial criminal proceedings which terminate in favour of that other and which result in damage to his reputation, person freedom or property. For example suppose, ‘A’ makes a false complaint against ‘B’ for having committed burglary with a view … Read more
The most important defence to an action for defamation is that of privilege. “Privilege” means an excuse or immunity conferred by law on statement or communication made on certain occasions called “Privileged occasions.” Privilege is of two kinds : (I) Absolute privilege On certain occasions freedom of speech and expression requires absolute freedom. On such … Read more