Tort

Is it correct that nuisance is a continuing wrong?

April 26, 2013

The word ‘nuisance’ itself connotes some continuity.  Temporary or isolated acts do not constitute tort of nuisance.  Therefore, nuisance is considered as a continuing wrong. A nuisance must be a state of affairs, however temporary, and not merely an isolated happening. But there are some exceptions to...

What does it mean when it is stated that “an act authorised by law is not negligence”?

April 26, 2013

It means that no action can be brought in respect of the injury caused by it when an act is authorised by law, provided that the act must not have been done negligently, or person authorised to do the act has not taken required care to ward...

Can an individual bring an action against a public nuisance?

April 26, 2013

No, an individual can bring an action against a public nuisance. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance- (1) He must show a...

What is the definition of a public nuisance as per section 268 of the Indian Penal Code?

April 26, 2013

As per section 268 of the Indian Penal Code, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell...

What is a public nuisance?

April 26, 2013

Public nuisance is an act affecting the public at large, or some considerable portion of it; and it must interfere with rights which members of the community might otherwise enjoy. Acts which seriously interfere with the health, safety, comfort or convenience of the public generally or which...

What are the essentials to make a nuisance an actionable tort?

April 26, 2013

– The essentials of nuisance are:- (1) an unlawful act; (2) damage actual or presumed. Damaged actual or presumed is essential element for action on nuisance. Further, the damage must be substantial and not merely sentimental, speculative trifling, fleeting or evanescent. 

What is a nuisance?

April 26, 2013

The word “nuisance” is derived from the French word nuire, to do hurt, or to annoy. Nuisance has been defined to be anything done to the hurt or annoyance of the lands, tenements or hereditaments of another, and not amounting to a trespass. Blackstone describes nuisance (nocummentum)...

What is the significance of the Law Reform (Contributory Negligence) Act, 1945?

April 26, 2013

 The common law rule that if the plaintiff’s or the deceased’s (in case of death) negligence contributed in some degree to the injury or death, the action failed, was illogical and its origin lay possibly in the procedural and pleading anomalies of the common law.  The reform...

Discuss the meaning of contributory negligence?

April 26, 2013

Contributory negligence is an expression which implies that person, who has suffered damage, is also guilty of some negligence and has contributed towards the damage. It is negligence in not avoiding the consequences arising from the negligence of some other person, when means and opportunity are afforded...

Discuss the meaning of the applicability of the doctrine of res ipsa loquitur in air accidents.

April 26, 2013

The applicability of the doctrine of res ipsa loquitur in air accidents spends on the facts and circumstances in the particular air accident under consideration by the Court. If the accident is such that it speaks for itself then in that case it applies to air accident...

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