Tort is a civil wrong arising from an act or failure to act that causes personal injury or property damage. It is defined as a wrong under common law for which damages can be claimed, excluding breaches of contract. The word tort comes from the Latin word "tortum" meaning twisted. It was introduced to the Indian legal system through British rule. For a case of nervous shock, the plaintiff must prove proximity to the incident, shock from seeing or hearing it, and that it caused a recognized psychiatric illness. The defendant is only liable for foreseeable harms to those in the danger zone, not mere bystanders outside it.
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.
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.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
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You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
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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
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
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General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
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
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
LLB LAW NOTES ON PROPERTY LAW
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KANOON KE RAKHWALE INDIA
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LAW FIRMS IN DELHI
CA FIRM DELHI
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General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
An Introduction to Motor Vehicles Act, 1988Nilendra Kumar
The familiarization to the Motor Vehicles Act is of relevance to diverse segments of the community. The existing law addresses different aspects of the statute. The presentation is an attempt to introduce the law.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
The HeartObjectives· Identify the anatomical structures of the.docxrtodd33
The Heart
Objectives
· Identify the anatomical structures of the cardiovascular system
· Explain how blood flows through the heart, lungs, and body
· Describe the electrical conduction system of the heart
· Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body
Assignment Overview
This practice exercise allows students to review the structure and function of the heart.
Deliverables
An annotated resource list of learning tools from the Internet
Step 1 Access and review the online activity:
https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share
Step 2 Access and review the online activity:
https://www.youtube.com/watch?v=H04d3rJCLCE#action=share
Step 3 Access and review the online activity:
https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be
Step 4 Using the Internet, search for additional learning aids from reputable sources.
Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics:
· Heart anatomy
· The electrical conduction system of the heart
· Blood flow through the heart
· Blood flow through the body
· The cardiac cycle
Step 5 Write a brief summary of each topic.
For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately.
Step 6 Submit your answers.
When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous
INTENTIONAL T.
LIABILITY INSURANCE: WHAT YOU MUST KNOW!Newton Bezeng
The law obligates us to exercise a duty of care to our neighbor while carrying out our personal or business activities in the course of our life. A breach of our duties will be considered tortious and will be held liable. This articles is examine using the various questions and headings:
What is Liability Insurance?
An Overview
What are the Sources of Liability Insurance?
What are the different types of liability insurance?
How can Liability Insurance Arise?
The Importance of Liability Insurance
Conclusion
LLB LAW NOTES ON LAW OF TORTS
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2. Tort is a civil wrong arising from an act or failure to act,
independently of any contract, for which an action for
personal injury or property damages may be brought
Definition of tort according to-
Salmond:-
Tort is a civil wrong for which the remedy is a common law
action for unliquidated damages, and which is not
exclusively the breach of contract or the breach of trust or other
merely equitable obligation.
3. Winfield:-
Tortuous liability arises from breach of duty primarily
fixed by law; this duty is towards persons generally
and its breach is redressible by an action for
unliquidated damages
4. The word tort is equivalent to-
WRONG in English
DELICT in Roman
JIMHA in Sanskrit
When we look at the journey of the word ‘tort’ from France to
India we find that it came from to India from
England. In 1605, England was conquered by Normandy (a
place in France) and French became the spoken language of
courts for many years. Thus, it happened
The word ‘tort’ is of French origin and has been derived from
the Latin word tortum which means to twist.
5. That many technical terms of English law are of
French origin. When Britishers ruled over India,
during the 18th century British courts were established
and use of British legal terms were common. Thus,
the word ‘tort’ was introduced in Indian legal system.
6. As per Salmond’s definition, the essentials of a tort are –
1- There must be a civil wrong,
2- The remedy for that wrong, is a common law action for
unliquidated damages,
3- and which is not exclusively the reach of a contract or the
breach of trust or other merely equitable obligation.
According to Dr. Winfield, the essentials of a tort are –
1- Tortuous liability arises from breach of duty primarily fixed by
law,
2- This duty is towards person generally,
3- Its breach is redressable by an action for unliquidated
damages.
7. It is a shock to the nerve and brain structures of the body
It is not a physical injury either by stick, bullet or sword but
merely by what has been seen or heard.
E.g., injury through agitation caused by a false alarm
or unlawful threats may result in a nervous breakdown or a
mental shock which may injure the plaintiff for his ordinary
activities.
It is a shock which arises from a reasonable fear to
immediate personal injury to oneself
8. For a case under nervous shock, the plaintiff has to prove
the following things: -
Necessary chain of causation between
nervous shock and the death or injury of one or more parties
caused by the defendant's wrongful act;
Plaintiff is required to prove shock
caused to him by seeing or hearing something. Physical
injury is not necessary;
His proximity to the accident was sufficiently close in
time and space.
9. Thus, a man who came up on a scene of serious accident for
acting as a rescuer, when suffered a nervous shock, was
allowed to claim the damages
10. In Page v. Smith (1995 ) 2 All ER 736) (House of Lords
case), the plaintiff, though directly involved in the motor
accident remained physically unhurt but suffered a
psychiatric illness.
The House of Lords held the defendant liable for damages
and laid down the following important propositions: -
in cases involving nervous shock, it is essential to
distinguish between the primary victims and secondary
victims;
in claims of secondary victims, the law insists on certain
control mechanisms, to limit the number of potential
claimants;
11. Thus, defendant will not be liable unless the psychiatric
injury/nervous shock is foreseeable in a person of normal
health.
The control mechanism has no place where the plaintiff is a
primary victim.
in claims of secondary victims, it may be legitimate to
use hindsight/observation in order to be able to apply the
test of reasonable foreseeability;
subject to the above, whether the defendant can
reasonably foresee that his conduct will expose the plaintiff
to the risk of personal physical injury or nervous shock?
If the answer is YES, then the duty of care is established,
even though physical injury does not in fact occur.
12. the defendant who is under a duty of care to the plaintiff,
whether primary or secondary victim, is not liable for
damages for nervous shock unless the nervous shock
results in some recognized psychiatric illness.
The tortfeasor must take his victim as he finds him.
A mere bystander not in the vicinity of danger zone and
who suffers injury by nervous shock cannot recover
damages from the defendant.