Answer:- Parental and quasi-parental authority refers to the legal authority and responsibility that parents and individuals in a quasi-parental role have over the care, control, and upbringing of children. In the context of tort law, parental and quasi-parental authority can serve as a valid defense against certain claims. This defense recognizes that parents and those … Read more
Every person has the right to protect his property or person and for this purpose he can use necessary force. Thus, if a person used necessary force to protect his person or property and causes harm to another person, no action can be brought against him. There are two conditions for the use of force … Read more
All recent authorities support the view that ‘inevitable accident’ negatives liability. An ‘inevitable accident’ is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. It means an accident physically unavoidable. It does not apply to anything which either party might have avoided. In the words of Chief Justice … Read more
Act of God may be defined as circumstances which no human foresight can provide against any of which human prudence is not bound to recognize the possibility, and which when they do occur, therefore, are calamities that do not involve the obligation of paying for the consequences that result from them. Act of God includes … Read more
Answer:- The principle of law volenti non fit injuria means what is consented to is not an injury. Harm suffered voluntarily by the consent of the plaintiff is not actionable. The consent may be of two kinds- (a) Express consent: According to Salmond no man can enforce a right which he has voluntarily waived or … Read more
Ans. There have been many cases in which defendants have been held liable for negligence. Here are a few examples: Also Read Malicious Prosecution Also Read Do you find any variance in judicial approach when it comes to assessing the degree of remoteness of damages in respect of contractual liability and liability under Law of … Read more
A ‘foreign tort’ means a tort which is committed abroad i.e., a tort, the cause of action regarding which arises abroad. Foreign torts can be classified in two categories: (i) Torts to reality: No action will lie in England for any trespass or other tort committed in respect of land situated out of England, even … Read more
Answer:- If the wife sustained injuries due to the negligence of her husband during the course of their employment at X, she may have grounds to seek legal recourse for her injuries. The specific legal options available to her will depend on the laws and regulations in the jurisdiction where the incident occurred, as well … Read more
Answer:- In England neither a wife can sue her husband for a tort nor can a husband sue his wife, upon the principle of English Law that husband and wife form, in the eve of the law, one person. After passing of the Married Women’s Property Act, 1882, a wife may sue her husband for … Read more
Answer:- In many cases Defence of State immunity is not available where fundamental rights are violated. The decisions of the Supreme Court in the area of personal liberty have further attenuated the sphere of sovereign immunity. The wrongdoer is accountable and the State is responsible if the person in custody of police is deprived of … Read more