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Page-35 of Archives: April, 2013

What is the difference between liquidated and unliquidated damages?

Where the plaintiff in an action sues for a predetermined and inelastic sum of money, he is claiming liquidated damages. But where he seeks to recover such an...

April 13, 2013

What is the meaning of term “breach of duty is redressable by an action for unliquidated damages”?

In tort, unliquidated damages are usually the most common remedy. Unliquidated damages are those damages in which the amount or extent has not been predetermined. In tort, the...

April 13, 2013

Law of Torts: Meaning of duty towards people generally

A tort is a violation of right in rem, i.e., of a right vested in some determinate person, either personally or as a member of the community, and...

April 13, 2013

Breach of duty fixed by law

A man is bound to observe certain rules made by the society being a member of society. Tortious liability arises from breach of a duty fixed by law....

April 13, 2013

Essentials of tort, according to Salmond and Winfiled

As per Salmond’s definition, the essentials of a tort are – There must be a civil wrong, The remedy for that wrong, is a common law action for...

April 13, 2013

Meaning of tort

The term ‘tort’ was introduced for the first time into the English law by Norman jurists. It is the French equivalent of the Roman law term ‘delict’ and...

April 13, 2013

What is meant by double jeopardy?

The roots of the doctrine against double jeopardy are to be found in the well-established maxim of the English Common law, Nemo debet bis vexari, meaning that a...

April 12, 2013

When are demonstration or picketing protected under Article 19(1) (a) of Indian Constitution?

Within certain limits, picketing or demonstration may be regarded as the manifestation of one’s freedom of speech and expression. “Peaceful picketing is free speech. Non violent acts are...

April 12, 2013

Is any publication concerning the privacy illegal?

In R. Rajagopal v. State of Tamil Nadu the Supreme Court has laid down certain propositions defining the right to privacy. The Court held that any publication concerning...

April 12, 2013

Write briefly about right to privacy.

The Constitution of India does not grant in relief and express any terms ‘right to privacy’ as such. Right to privacy is not enumerated as a Fundamental Right...

April 12, 2013

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