Any person who possesses a chattel is bound : (i) to take due care to avoid harm to another.(ii) to give warning in particular cases of the danger.(iii) to take precaution in other case against harm resulting from the interference, wilful, careless or otherwise of third person. Underhil sums up the rules of liability as … Read more
Liability For Injury Done By Animals A person may become liable in more than one mode for injury to another by an animal in his possession or control. He may be liable for the damage done by his animals: (1) On the general principle, in trespass, nuisance, and negligence. (2) Cattle trespass. (3) Under the … Read more
An independent contractor is one who undertakes to produce a given result without being in any way controlled as to the method by which he attains that result. General Rule: The general rule as to independent contractor is that although an employer is responsible for the negligence and other wrongs of his servant, he is … Read more
Meaning of Doctrine of Common Employment The doctrine of common employment denotes that a master is not responsible for negligent harm done by one of his servant to a fellow-servant engaged in common employment. At common Law a master was not liable to his servant for injuries received from any ordinary risk of, or incident … Read more
Answer:- In modern times, To determine the relationship of master and servant, the traditional test is not considered conclusive and it cannot be applied in every case. ‘Control’ is an essential element but it is not conclusive test. Along with control existence of other factors are also essential, such as, who has the power to … Read more
Vicarious liability is the liability in which a person is liable for the wrongful act of another person. As a general rule, a man is liable only for his own act but there are certain circumstances in which a person is liable for the wrong committed by others. This is called ‘vicarious liability”, i.e. liability … Read more
Meaning of Vicarious Liability Vicarious liability is the liability in which a person is liable for the wrongful act of another person. Generally, a person who commits tort is responsible for the wrong. But sometimes a person is liable for the wrongful act of another person. Such kind of liability is known as vicarious liability. … Read more
‘Necessity knows no law’, is a common saying. It means that if the circumstances are crying for an immediate action, then it is not necessary that the law should be strictly followed. So necessity justifies an act which would otherwise be wrongful. The exception of necessity is founded on the maxim Salus Populi Suprema Lex … Read more
The defense of Judicial and Quasi-Judicial Act in tort law refers to the principle that individuals performing judicial or quasi-judicial functions should be immune from liability for their actions or decisions made in the course of their official duties. This defense recognizes the importance of preserving the independence and impartiality of the judiciary and other … Read more
Answer:- The defense of Act of State is a complex and often controversial concept in the field of tort law. It is based on the principle that courts should not adjudicate on the lawfulness or validity of acts committed by a foreign government within its own territory. The defense asserts that when a foreign state … Read more