Judicial and Quasi-Judicial Acts in Tort Law Judicial and Quasi-Judicial Acts form an important part of the General Defences in the Law of Torts. The underlying principle is that persons exercising judicial functions must be able to decide matters independently and without the constant fear of personal civil liability for every error made while performing
Founation of Tortious Liability Basis of Tortious Liability is an important topic under the general principles of the Law of Torts. It explains the legal foundation on which a person may be held liable for a tort. The central idea is that tortious liability is primarily connected with the breach of a legal duty imposed
Damnum Sine Injuria Damnum Sine Injuria is an important maxim in the Law of Torts. It explains that a person may suffer actual loss or damage, but the loss will not ordinarily be actionable in tort unless a legally protected right has been infringed or another recognised cause of action is established. The classic illustration
Injuria Sine Damnum — Legal Injury Without Actual Damage Law of Torts Notes 1. Meaning of Injuria Sine Damnum Injuria Sine Damnum is a Latin legal maxim meaning “legal injury without actual damage.” In simple words, it means that when a person’s legally recognised right is violated, the person may have a cause of action
Ubi Jus Ibi Remedium 1. Meaning of Ubi Jus Ibi Remedium Ubi Jus Ibi Remedium is a Latin legal maxim which means: “Where there is a legal right, there is a legal remedy.” In simple words, when the law recognises a person’s legal right, the law should also provide a means to enforce or protect
Law of Torts Complete Notes Historical Background and Development of Law of Torts Introduction The Law of Torts is a branch of civil law concerned with civil wrongs for which the law provides a remedy, generally in the form of damages or other appropriate relief. Unlike contract, tortious liability does not ordinarily arise from an
Law of Torts Notes Plaintiff’s Default in Tort Law Plaintiff’s Default is an important topic under Justification/General Defences in the Law of Torts and is expressly included in several Indian LL.B. and B.A. LL.B. syllabi. Don’t Miss New Law Opportunities! Join our WhatsApp community for verified updates on Law Jobs, Internships, Competitions, Scholarships, LLB Notes
Statutory Authority in Tort Law Law of Torts Notes 1. Meaning of Statutory Authority Statutory Authority is a general defence in tort law where the defendant shows that the act causing the alleged harm was authorised by legislation, either expressly or by necessary implication. In simple words: If the law authorises a person or public
Private Defence in Tort Law — General Defence Law of Torts Notes 1. Meaning of Self-Defence Lawful self-defence, also called private defence, is a general defence in tort law that allows a person to use reasonable and necessary force to protect their person or property from an unlawful attack or immediate threat. In simple words:
Law of Torts Notes Necessity in Tort Law — A General Defence 1. Meaning of Necessity Necessity is a general defence in tort law where an act that would otherwise amount to a tort is done to prevent a greater or more serious harm. In simple words: Necessity means doing a lesser harm to prevent
Intention, Motive, Malice and Fault in Tort 1. Introduction When studying the mental elements in tort law, an important question arises: Does a person have to intend the wrongful act or the resulting harm to be liable in tort? The answer is no, not in every tort. Tort law does not follow one universal rule
Tort and Other Civil Wrongs A tort is a civil wrong arising from the breach of a legal duty that is generally imposed by law and for which the law provides a remedy. However, tort is only one category of legal wrong. A similar-looking dispute may instead involve: Understanding these distinctions is important because the
Essential Elements of Tortious Liability the traditional foundation of tortious liability can be understood through three broad essentials: These three should be understood together. A mere act, mere loss, or mere feeling of injustice does not automatically create tortious liability. 1. Wrongful Act or Omission Meaning The first essential of tortious liability is that the
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