CLAT Legal-Aptitude Tort Revision (Page 1 of 3)

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Negligence

The term negligence is explained by a subjective theory and other objective theory. And based upon these two theories negligence has two meanings in law of torts.

  • Negligence as a state of mind (subjective view).
  • Negligence as a type of… (538 more words) …

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Meaning & Definition of Tort

The word ‘tort’ has been derived from the Latin term ‘tortum’, which means ‘to twist’. The conduct which is twsted and unlawful and not lawful is termed as tort.

Salmond defines tort as, “It is a civil wrong for which… (102 more words) …

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Defences to Negligence

  • Inevitable accident
  • Express contract
  • Judicial acts, executive acts and statutory authority in very exceptional and appropriate cases.
  • Contributory negligence of the plaintiff
  • Vis major (Act of God)
  • Volenti non fit injuria (Defence of Consent)

Examples

  1. Act of God would include… (185 more words) …

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Tort and Breach of Contract

A breach of contract occurs when the parties involved in the contract do away with their duties with their own consent but in tort, the responsibility is imposed by law to the public at large and not to any single… (160 more words) …

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General Defences

Volenti non fit injuria means, no man has a right to complain against the right which he himself has let gone through his free consent. The consent may be expressed or implied.

Examples

  1. If you invite somebody to your house… (528 more words) …

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