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
The law requires a fair and reasonable standard care and competence by the medical man towards this profession. A medical man, who is consulted by a patient, owes him certain duties, namely, a duty of care in deciding whether to undertake the case; a duty of care in deciding what treatment to give; and a … Read more
In India, the courts follow the principles laid down in Donoghue v. Stevenson. In Naraka v. Santosh Private Benefit Ltd., the deceased, respondent, was employed in ‘B’s motor garage as a servant. He was sent for driving a private company’s vehicle. When he was returning with the motor its tyre were burst and the doors … Read more
Res ipsa loquitur is a Latin phrase, which literally translates to “the thing speaks for itself.” An essential part of any personal injury case is being able to show that the other party’s wrongdoing or negligence caused the injury at issue. Sometimes, an injured party is unable to show direct evidence of negligence. The rule … Read more
Meaning of Negligence The meaning of negligence will be clear from the following: (1) Negligence as a mode of committing certain torts, is that, negligently or carelessly committing trespass or defamation. In this context it denotes the mental element. (2) In Union of India v. Hindustan Lever Ltd., the Court held that negligence in a … Read more
Section 140(1) of the Motor Vehicles Act, 1988 provides that where the death or permanent disablement of any person results from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicles shall, or as the case may be, the owners of the vehicles shall be jointly … Read more