CLAT (Common Law Admission Test) Legal-Aptitude Tort Revision (Page 2 of 3)

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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 you can’t sue him for trespass.
  2. A person cannot fil

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Act of God

‘Act of God’ is a defence, in the sense that the accident occurs due to some natural factors due to which loss was caused. However it is necessary that:

There must be working of natural forces.

The occurence must be extraordinary.

Examples: Extraordinary heavy rainfall, s

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Vicarious Liability

A person, is generally responsible for his own acts and is not liable for others acts. But in certain cases, liability for deeds of others arises which is known as vicarious liability. The common examples of these are

1. Principal and Agent - Liability of the principal for the

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Vicarious Liability of State

In England, under the common law the king is not liable for any wrong acts committed by him or his servants during their course of employment.

In India Article 300 of the Constitution of India governs the suability of the State. The law states that both Union and State Govern

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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 conduct (objective view).

Negligence

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