torts

 TORTS

1.       IN TORT, in case of defamation , interntion to defame is not necessary, IPC defamation needs intention

2.       Gloucester grammar school case  is for DAMNUM SINE INJURIA

3.       ASHBY V WHITE is case of INJURIA SINE DAMNUM AC

4.       Pigeon hole theory is by SALMOND

5.       RULE FO STRICT LIABILITY IS IN CASE RYLANDS VS FLETCHER

6.       RULE FOR ABSOLUTE LIABILITY IS IN CASE OF SRIRAM FERTILIZER = OLEUM GAS LEAK CASE

7.       RES IPSA LOQUITOR is the thing speaks for itself

8.       Rule of last opportunity was laid down in DAVIES V MANN CASE . Before killing when the assailant had the last chance to stop his attack and not kill the victim and did he avail of this opportunity or not

9.       TYPE OF DAMAGES AWARDED IN TORTS ARE UNLIQUIDATED DAMAGES , WHILE LIQUIDATED DAMAGES ARE AWARDED IN CONTRACTS

10.   SALMOND Differentiated between liquidated and unliquidated damages

11.   Defamation, negligence, and public nuisance ARE EXAMPLES OF BOTH TORT AND CRIME, CULPABLE HOMICIDE IN ONLY A CRIME AND NOT A TORT. 


    INNUENDO ARE WORDS WHICH APPEAR INNOCENT BUT HAVE A DEFAMATORY MEANING HIDDEN 

    UNLIQUIDATED DAMAGES MEAN DAMAGE TO BE ASSESSED BY COURT

    ASSAULT AND NUISANCE ARE WRONG UNDER TORT AND CRIMINAL LAW

    BATTERY IS ACTUAL OR INTENDED STRIKING OF ANOTHER

    VICARIOUS LIABILITY IS MASTER LIABLE FOR SERVANT WRING ACT

    TRESSPASS   IS UNLAWFUL ENTRY INTO ANOTHER PROPERTY

    NO FAULT LIABILITY IS ABSOLUTE LIABILITY WITHOUT FAULT

    RAMESH WANTS HIS SERVANT TO SELL HIM CYCLE AT LESSER PRICE WHICH IS UNDUE INFLUENCE

TORT LIABILITY ARISES FROM BREACH OF DUTY FIXED BY LAW , REDRESSABLE BY UNLIQUIDATED DAMAGES SAID WINFIELD

TORT OF NEGLIGENCE NEED NOT PROVE BREACH OF DUTY OWED TO SOMEONE

    TORT IS GROUNDED IN THE CONCEPT OF RIGHTS

TORT DID NOT CAUSE INJURY IS NOT ELEMENT OF INTERNATIONAL TORT

    CRIME OF BATTERY V TORT OF BATTERY IS UNWANTED TOUCH AS WE HAVE RIGHT NOT TO BE TOUCHED WITHOUT CONSENT

    JOY HUNTS ON RAM LAND WITHOUT PERMISSION IS TRESSPASS

    LOUD SOUND FROM NEIGHBOUR FLAT IS NUISANCE

FALSE STTMT IS DEFAMATION

FALSE CHARGE OF THEFT IS SLANDER

    NEGLIGENCE INVOLVES CARELESSNESS

NEGLIGENCE TORT IS MOST FREQUENT

    RASONABLE MAN STANDARD IS USED  BECAUSE BREACH OF DUTY OCCURS WHEN REASONABLE MAN FAIOS TO OBSERVE DUE CARE IN DOING IT.

    DAMNUM SINE INJURIA GLOUCESTER GRAMMER SCHOOL

INURIA SINE DAMNUM    ASHBY V WHITE

COMPENSATION IS UNLIQUIDATED DAMAGES

TORT LATIN TORTUM =TWISTED 

    LAW OF TORT BY SALMOND = PIGEON HOLE THEORY

INDUCEMENT TO BREACH IN LUMLEY V GYE CASE

DECEIT IN CASE PASLEY V FREEMAN

STRICT LIABILITY RYLAND V FLETCHER CASE

PRIVITY OF CONTRACT CASE DONOGGUE V STEVENSON

ABSOLUTE LIABILITY IN AC MEHTA V UOI CASE

LOSS OF COMMERCIAL PROFIT NOT PROTECTED BY TORTS

     ACTIONABLE PER SE IS ACTION BY COURT WITHOUT PROOF  OF DAMAGE

    CONTRACT IS TWO PARTIES TORT CAN BE ONE TO MANY AND LIQUIDATED VS UNLIQUIDATED DAMAGES

    PRIMARY FUNCTION OF TORT IS COMPENSATE LOSER

IN NEGLIGENCE NO NEED TO HAVE MALICIOUS INTENT

DUTY OF CARE IN NEGLIGENCE RESTRICTS LIST OF WRONDOERS


    


    




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