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

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Res Ipsa Loquitur

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When a suit is filed, the plaintiff has to give a proof of the defendant negligence. He cannot just claim damages by showing the fault but should be able to prove that it was due to the defendant that damages were caused. Sometimes, however, proof of negligence is implied or can be drawn from the facts stated. Hence not at all times, is the plaintiff required to give such proofs.

Examples

  1. A ham…

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Defences to Negligence

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  • 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 all the accidents caused by nature՚s force, due to agency not connected to man. e. g. , storm, tempest, lightni…

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Damages in Nuisance

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To file a suit for nuisance, the plaintiff has to prove actual damage. In public nuisance, a particular damage needs to be showed. As far as private nuisance is con…

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Nervous Shock

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The nervous shock may be caused by words or act of the defendant. It may be done unknowingly of intentionally. The plaintiff may get this shock by either witnessing (seeing or hearing) personal injury (or an accident) or destruction of his property.

Examples

  1. ‘A’ the driver of a car, ‘B’ , his friend and B՚s son are travelling together. In the way they stop to fill petrol. B and B՚…

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Understanding Defamation

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Defamation is a tort when a person wrongly harms the reputation of another person and publishes it. It is both a civil and a criminal wrong. Defamation is against the fundamental right of freedom of speech and expression.

Essentials of Defamation

  1. The words must be false and defamatory…

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