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

Subscribe for one year and get complete access to over 155 carefully designed revision notes on CLAT (Common Law Admission Test) Legal-Aptitude. All the updates for one year are also included. Revision notes are systematically arranged in topics & sub-topics. View Features or .

Rs. 150.00 or

Res Ipsa Loquitur

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 ca

… (244 more words) …

Subscribe & login to view complete study material.

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 incl

… (193 more words) …

Subscribe & login to view complete study material.

Damages in Nuisance

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 considered, damage is often assumed.

Practice Question:

Legal Principle Case of nuisance is also filed when due

… (227 more words) …

Subscribe & login to view complete study material.

Nervous Shock

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 o

… (119 more words) …

Subscribe & login to view complete study material.

Understanding Defamation

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 d

… (241 more words) …

Subscribe & login to view complete study material.

f Page
Sign In