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Page-19 of Archives: April, 2013

What are the limitations of the maxim volenti non fit injuria?

There are certain limitations to the application of the above maxim. The limitations are as follows:- (1) No consent, leave or license can legalise an unlawful act. (2)...

April 20, 2013

Explain briefly the expressions volenti non fit injuria.

Harm suffered voluntarily does not constitute a legal injury and is not actionable. This principle is embodied in the maxim volenti non fit injuria (where the sufferer is...

April 20, 2013

Coast Guard Ship C-402 commissioned at Naval Dockyard in Mumbai

Indian Coast Guard Ship C-402, the second of the series of 36 Interceptor boats designed and built by L&T, Surat was commissioned at Naval Dockyard in Mumbai 30...

April 20, 2013

Discuss the meaning of the maxim ubi jus ibi remedium?

The law of torts is said to be a development of the maxim ubi jus ibi remedium which means there is no wrong without a remedy. Jus signifies...

April 20, 2013

Does the maxim violenti non fit injuria apply to cases of negligence?

Generally the maxim volenti non fit injuria does not apply to cases  of negligence, to cover a case of negligence the defence on the basis of the maxim...

April 20, 2013

Is knowledge of the risk necessary for the applicability of volenti non fit injuria?

The maxim, be it observed, is not ‘scienti non fit injuria’ but ‘volenti’. Knowledge is not a conclusive defence in itself. But when it is knowledge under circumstances...

April 20, 2013

In what cases action of slander may be maintained without proof of special damage?

An action of slander may be maintained, without proof of special damage,in following cases:- If a criminal offence (not necessarily an indictable offence) be imputed to exclude the...

April 20, 2013

What was observed by Justice K.R.M. Sahai in the case of Jay Laxmi Salt Works Pvt. Ltd. v. State of Gujarat?

In Jay Laxmi Salt Works Pvt. Ltd. v. State of Gujarat Justice Sahai observed that entire law of torts is founded and structured on morality that no one...

April 20, 2013

Discuss the meaning of the expression “measure of damages”?

The expression “measure of damages” means the scale or rule by reference to which the amount of damages to be recovered is, in any given case, to be...

April 20, 2013

What are the general defences or exceptions to liability in a tort?

General defences are the rules of immunity which limit the rules of liability in tort. These are various conditions which, when present, will prevent an act from being...

April 20, 2013

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