The document discusses the effect of death of parties in tort cases under the Motor Vehicles Act. It begins by outlining the common law rule of "actio personalis moritur cum persona" where a cause of action dies with the person and their death ends the case. It then provides exceptions to this rule for cases involving contracts, unjust enrichment, or shortening of life expectancy. The document also discusses exceptions to the rule in Baker v. Bolton, which established that causing death was not a tort. It concludes by discussing compensation processes under the Motor Vehicles Act Tribunals.
Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
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Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
THIS DOCUMENT IS THE OWN WORK OF A STUDENT WHO STUDIES AT PRESIDENCY UNIVERSITY BANGALORE IN 2ND SEMESTER.
THE DOCUMENT MAINLY DESCRIBE THE TRESPASS TO PERSON UNDER LAW OF TORTS.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This Presentation details the specifics of public and private nuisance and give scenarios of each so that readers can fully understand the concepts applicable to business law.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
THIS DOCUMENT IS THE OWN WORK OF A STUDENT WHO STUDIES AT PRESIDENCY UNIVERSITY BANGALORE IN 2ND SEMESTER.
THE DOCUMENT MAINLY DESCRIBE THE TRESPASS TO PERSON UNDER LAW OF TORTS.
LLB LAW NOTES ON LAW OF TORTS
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FREE AGREEMENTS AND CONTRACTS FORMATS
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To make a contract valid, not only consent is necessary, even it should also be free. In law of contract consent is said to be free if it is not caused by any of the following: -
Coercion
Undue influence
Fraud
Misrepresentation
Mistake
There is a distinction in between consent and free consent. If consent is affect or taken by one of the above express elements than it will be not deemed as free consent.
Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
In Tort law, there are two important laws that prevail in United Kingdom, that is, law of contract and law of tort. The same are law of contract (a contract deals with when parties are in relationship by forming an agreement and abide by its terms) and the law of negligence (where the parties are in relationship under the duty of law).
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
1. EFFECT OF DEATH OF PARTIES IN
TORT UNDER MV ACT
Swathy P.S
Batch – 1
Roll number - 61
2. INTRODUCTION
The event of death of a party raises two kinds of question in the law of
torts,
(a) If the wrongdoer, does a cause of action which had already accrued
before death survive?
(b) Does the act causing death give rise to a cause of action?
3. Effect of Death on the Subsisting Cause of Action
According to English common law, no cause of action
arises against the person who is dead. This rule was contained in the
maxim “Actio personalis moritur cum persona”, the cause of action dies
with the person, and thus, if any of the parties die, cause of action
comes to an end.
The application of the maxim in India can be seen in the case of:
4. Balbir Singh Makol v. Chairman, Sir Ganga Ram
Hospital:
A complaint was filed by Balbir Singh Makol against
the surgeon alleging that his son died because of the blunder
committed by the surgeon. While the proceedings were going on, the
Surgeon died. The National Commission of India applied the maxim
“Actio personalis moritur cum persona” and held that with the death of
the surgeon the cause of action has also come to an end and therefore,
the legal heirs of the surgeon cannot be made liable for the same.
5. Exception of the maxim “Actio personalis moritur cum persona”
• Action under Contract: The maxim does not apply to the cases where an
action is brought under the law of contract, therefore the legal representatives
of the person can be made liable for the performance. However, if the contract
entered into is a contract of personal service, then the legal representatives
would not be liable for the performance. Thus, for example, there is a contract
with A for singing on a particular event and meanwhile, A dies, then the
representatives of A cannot be made liable for the performance
• Unjust enrichment of tortfeasor’s estate: If someone, before his death has
wrongfully appropriated the property of another person then the person whose
property has been appropriated does not lose his right to bring an action
against the representatives of the deceased and recover the property. The
rationale behind it is that, only the thing actually belonged to the deceased can
be passed to his representatives.
6. Shortening of the expectation of life
One of the consequences which may attend physical injury is a
shortening of expectation of life, so that the injured person can not in
any possibility survive as long as he would otherwise have done.
If the expectation of life has been reduced because of the injuries
caused by the defendant then the person is entitled for the
compensation.
The compensation under this head for the first time was given in the
case:
7. Flint v. Lovell
Facts: the Plaintiff aged 69 years who was otherwise very active was
injured in an accident caused because of the negligence of the
defendant.
Held: The appellant court granted compensation to the plaintiff.
8. Rule in Baker v. Bolton
The rule causing the death of a person is not a tort was lay down in the
case of Baker v. Bolton, and therefore known as the rule in Baker v.
Boulton. In Baker v. Bolton the plaintiff was held entitled for injury to
himself and also the loss of wife’s society and distress, from the date of
the accident till her death but not for any loss caused after death.
9. Exception to the rule in Baker v. Bolton
However, there are certain exceptions available to the rule in Baker v.
Bolton which are discussed below:
Death due to breach of contract: Although, causing the death of the
person is not actionable under the law of tort but if the death is the
result of the breach of contract then the fact of death can be taken into
account to determine the damages payable on the breach of Contract.
10. • Jackson v. Watson
• In this case the Plaintiff purchased a tin of Salmon from the defendants. Wife
of the plaintiff died because of the consumption of salmon supplied by the
defendants. It was found that the contents of the Salmon were injurious to
health. It was held by the court that there was a breach of contract as the
defendant has failed to supply the goods safe for consumption and hence, the
plaintiff was held entitled to claim compensation for the loss of service of the
wife due to her death.
11. Motor Accident Claim Tribunal [MACT]
Motor Accidents Claims Tribunal has been created by the Motor
Vehicles Act, 1988. It has been constituted to provide speedier remedy
to the victims of accident by motor vehicles. The Tribunals takes away
jurisdiction of Civil Courts in the matters which concerns the Motor
Accidents Claims Tribunal. Appeals from Claims Tribunal lies with High
Courts. The appeal is limited by time and has to be filed in the High
Court within 90 days from the date of award of Claims Tribunal. ‘The
High Court may entertain the appeal after the expiry of the said period
of ninety days, if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal in time.’ (Section-173).
However, there is no time limit for filing motor vehicle accidents claim.
But an unusual delay will demand an explanation by the Tribunal.
12. According to Section 166 of the Motor Vehicles Act,1988
compensation can be claimed –By the person who has sustained
injury; By the owner of the damaged property; By all or any legal
representative of the deceased who died in the accident; By duly
authorised agent of the injured person or all or any of the legal
representatives of the deceased who died in the accident.
The claim Petition can be filed by the following– To the
Claims Tribunal having jurisdiction over the area in which the accident
occurred or, to the Claims Tribunal within the local limits of whose
jurisdiction the claimant resides, or carries on business or, within the
local limits of whose jurisdiction the defendant resides.
13. The Motor Vehicles Act,1988 is a comprehensive legislation with the
purpose of enhancing road safety. It also serves the purpose of welfare
legislation by providing for compensation in case of loss of life or limb
because of accidents by motor vehicles. Section-2(30) of the Act
defines who is the ‘owner’. “Owner” is; a person in whose name a
motor vehicle stands registered, and where such person is a minor, the
guardian of such minor, and in relation to a motor vehicle which is the
subject of a hire-purchase, agreement, or an agreement of lease or an
agreement of hypothecation, the person in possession of the vehicle
under that agreement.
14. Following documents should accompany the Claim petition:-
1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a
death case.
4. Original bills of expenses incurred on the treatment alongwith treatment
record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10.An affidavit detailing the relationship of the claimants with the deceased.
15. The inquiry contemplated under Section 168 & 169 of the Motor Vehicles
Act, 1988 is different from a trial. The inquiry contemplated under Section
168 of the Motor Vehicles Act arises out of a complaint filed by a victim of
the road accident or an AIR filed by the police under Section 158(6) of the
Motor Vehicles Act which is treated as a claim petition under Section 166(4)
of the Motor Vehicles Act. These provisions are in the nature of social
welfare legislation. Upon receipt of report from the police or a claim petition
from the victim, the Claims Tribunal has to ascertain the facts which are
necessary for passing the award. To illustrate, in the case of death of a victim
in a road accident, the Tribunal has to ascertain the factum of the accident;
accident having being caused due to rash and negligent driving; age,
occupation and income of the deceased; number of legal representatives
and their age. If the claimants have not produced copies of the record of the
criminal case before the Claims Tribunal, the Claims Tribunal is not absolved
from the duty to ascertain the truth to do justice and the Claims Tribunal can
summon the investigating officer along with the police record. The Delhi
High Court has passed sedirections in this regard. The Delhi High Court has
summarized the procedure to be followed by the Claims Tribunal in motor
accidents cases in Mayur Arora v. Amit.
16. CONCLUSION
Earlier, the common rule was, smaller injuries fall within the
purview of civil law and not the death of a person. But now, if the legal
representatives of the deceased prove that the death was the direct cause of
defendant’s tort, they would be entitled to special damages along with
general damages.
Under English common rule, no cause of action arises against the
person who is dead. However, the situation is quite different today, and the
legal representatives are entitled to bring a legal action in a court of law.
Similarly, the legal representatives of the deceased can be made liable in
certain cases.
The rule in Baker v. Bolton has become outmoded and it is
hoped that this outmoded rule will be discarded and the liability for the
consequences of the death will be recognized either by some legislative
actions or judicial pronouncements.