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.
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.
HINDU SUCCCESSION Act 1956 deals with devolution of property by way of succession with respect to inheritance.
This act came into force 17 june 1956. it consist of four chapters ONE SCHEUDULE OF HEIRS CLASS I AND CLASS II
Salient features of HSA
It defines cognates, agnates, full blood, half blood, uterine blood,intestate, heir.
It provides how property is devolved by of succession from male after his death to heir.Meaning of coparcenary- traditional mitakshara concept is followed by hindu regards birth of son only subject to coparcenary rights wrt. JHF
Coparcenary can be rationalised in joint hindu family(ancestral property) rights coming from four degree or upto threee male lineal ascendants.eg great grand father to grand father to father to son
A-B-C-D-E HERE A IS GREAT GRAND FATHER
B is grand father C is father, D is Son E Is son's son
here on the death of A, B will replace similarly A and all will have coparcenary rights B acting as KARTA in JHF.
This PPT is about an important topic of Law of Torts which is Nuisance. It can help the students of BA.LLB and LLB. It all contains the relevant case laws and landmark judgments related to Nuisance.
Go through the presentation very carefully and drop your feedback in the comment section.
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
An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
Â
This PPT provides Meaning, definitions and Essential Elements of Torts. It includes relevant case laws as well. It also highlights nature of Torts by bringing differences between torts and other civil wrongs.
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.
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.
HINDU SUCCCESSION Act 1956 deals with devolution of property by way of succession with respect to inheritance.
This act came into force 17 june 1956. it consist of four chapters ONE SCHEUDULE OF HEIRS CLASS I AND CLASS II
Salient features of HSA
It defines cognates, agnates, full blood, half blood, uterine blood,intestate, heir.
It provides how property is devolved by of succession from male after his death to heir.Meaning of coparcenary- traditional mitakshara concept is followed by hindu regards birth of son only subject to coparcenary rights wrt. JHF
Coparcenary can be rationalised in joint hindu family(ancestral property) rights coming from four degree or upto threee male lineal ascendants.eg great grand father to grand father to father to son
A-B-C-D-E HERE A IS GREAT GRAND FATHER
B is grand father C is father, D is Son E Is son's son
here on the death of A, B will replace similarly A and all will have coparcenary rights B acting as KARTA in JHF.
This PPT is about an important topic of Law of Torts which is Nuisance. It can help the students of BA.LLB and LLB. It all contains the relevant case laws and landmark judgments related to Nuisance.
Go through the presentation very carefully and drop your feedback in the comment section.
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
An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
Â
This PPT provides Meaning, definitions and Essential Elements of Torts. It includes relevant case laws as well. It also highlights nature of Torts by bringing differences between torts and other civil wrongs.
Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
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Website: www.lawlaboratory.in
Elements of TortsChapter 6Meiners, Ringleb & EdwardsEvonCanales257
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Elements of Torts
Chapter 6
Meiners, Ringleb & Edwards
The Legal Environment of Business, 13th Ed.
Š2018 Cengage LearningŽ. May not be scanned, copied or duplicated
or posted to a publicly accessible website, in whole or in part, except
for use as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website or school-
approved learning management system for classroom use.
TORTS & THE LEGAL SYSTEM
The word tort derived from Latin tortus or âtwisted.â
Means âwrongâ in Old French.
A tort is a civil wrong, other than a breach of contract,
for which the law provides a remedy.
â˘Breach of a legal duty owed to another that causes
harm
â˘Torts arise from careless errors or intentional actions
â˘The law reflects social values and standards
â˘Lawsuits involving businesses can have large awards. In
Pennzoil-Texaco case jury awarded $10.5 billion.
â˘Has become a major issue for businesses
Business and Torts
ď˘Categories
ď Negligence
ď Intentional
ď Strict Liability
ď˘Business becomes involved through
ď (1) person is harmed by actions of business or its employees
ď (2) a person is harmed by a product manufactured or distributed by the
business
ď (3) a business is harmed by the wrongful actions of another business or person
ď˘Some torts are unique to businesses (Chapter 7)
ď˘Torts can be specific to property (Chapter 8)
The Role of Tort Law
⢠Tort law allows compensation for injuries wrongfully inflicted by a
defendant on a plaintiff
⢠Civil not criminal law
⢠Law is determined in each state â rules vary.
⢠However, the basic principles are similar across states.
⢠Remedies should place an injured party in the position he/she
would have been in absent the tort.
⢠Fear of tort action deters injurious behavior by others.
⢠Punitive damages punish malicious or extremely reckless behavior.
NEGLIGENCE-BASED
TORTS
⢠Unintentional careless conduct that creates an unreasonable risk of harm
to others. No intent to harm needed.
⢠Elements
⢠1. Breach of duty of care wrongdoer owed to injured party
⢠Owed to the plaintiff
⢠Breach through an act or omission
⢠2. Causation (causal connection to the injury)
⢠3. Injury/Damages
⢠Gross Negligence: Conscious & voluntary disregard for need to use
reasonable care
⢠More likely to lead to punitive damages
Duty of Care and the Reasonable Person Standard
⢠The standard is how persons in the community ought to
behave.
⢠One must be reasonable at all times, under the circumstances.
⢠Not liable for everything â only for âunreasonableâ acts
⢠Standard: âWhat a reasonable person would do in same or
similar circumstances?â
⢠Applies to professions â CPA, MD, attorney, etc.
⢠What a competent and experienced professional
would do
Squish La Fish v. Thomco Specialty Products
⢠Squish holds patent on âTuna Squeeze;â ProPack hired to assist with store
displays.
⢠ProPack got Thomcoâs advice on adhesive for the displays.
⢠Thomco sa ...
1. All the matters are determined by intention(al-umur bi maqasidiha)
2. Certainty may not be disproved by doubt (al yaqin la yazul bil as-shak)
3. Hardship begets facility (al-masyaqqah tajibul al-taysir)
4. HARM must be removed (AL DARAR YUZAL)
5. Custom is a basis of judgement (al-adah muhakkamah)
¡ It Was Self Defense, Your Honor and Itâs Just InsaneSelect eit.docxoswald1horne84988
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¡ It Was Self Defense, Your Honor and Itâs Just Insane
Select either Self Defense or Insanity and explore that defense in detail for this written assignment You are to write a paper that is 3-5 pages in length and should properly cite your outside sources and use APA style formatting.
You should include a minimum of two outside sources, making certain to properly cite your sources.
I. âIt was Self Defense, Your Honorâ
On February 26, 2012, George Zimmerman shot and fatally wounded Trayvon Martin. The case is venued in Florida and is currently in process.
You should research the Zimmerman case. Should the defense of âself defenseâ be raised in this case? What facts and circumstances are relevant to deciding whether George Zimmerman is entitled to the defense of self-defense.
Analyze the concept of âimminentâ danger and apply it to the facts of this case. If you were the judge in this case would you rule for or against an imminent danger argument? If you were the Judge or Jury in this case would you accept a defense of self-defense if asserted by Mr. Zimmerman? How might this impact the outcome of the case?
II. âItâs Just Insaneâ
On July 20, 2012 James Holmes became the suspected shooter in a mass theatre shooting that killed 12 people and injured 58 others.
You should research the Holmes case. Should the defense of âinsanityâ have been raised in this case? What facts and circumstances are relevant to deciding whether James Holmes would have been entitled to the defense of insanity.
Analyze each of the four tests for insanity. If you were the judge in this case would you rule for or against allowing a defense of insanity?
If you were the Judge or Jury in this case would you accept a defense of insanity if asserted by Mr. Holmes? How might this impact the outcome of the case?
Here are some notes down below to help you!!
Defenses to Criminal Liability: Justifications
In failure-of-proof defense, the defendant has only to raise a reasonable doubt about the prosecutionâs proof of one element in the crime; it can be any element or elements.
The defenses of justification and excuse are affirmative defenses, which operate like this:
¡ Defendants have to âstart matters off by putting in some evidence in supportâ of their justification or excuse.
Most affirmative defenses are perfect defenses; this means that if theyâre successful, defendants are acquitted. One major exception is defendants who plead the excuse of insanity. Special hearings are held to determine if they are still insane and, if so, they are sent to maximum security mental hospitals.
Evidence that doesnât amount to a perfect defense might amount to an imperfect defense;Â that is, defendants are guilty of lesser offenses.
Even when the evidence doesnât add up to an imperfect defense, it might still show mitigating circumstances that convince judges or juries that defendants donât deserve the maximum penalty for the crime theyâre convicted of.
Self Defense
Sometimes, the government isnât, o.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
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This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
Code of civil procedure 1986 supplemental proceedingDr. Vikas Khakare
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It contains provisions under Code of Civil Procedure regarding supplemental proceeding like Arrest before judgment; Arrest before judgment; Temporary injunction and Appointment of receiver.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
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This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This contains provision under Constitution of India for constitutional remedies which is provided under Article 32. It explains writ of Hebeas Corpus, Mandamus, Certiorary, and Prohibition.
Constitution of india directive principles of state policy and fundamental d...Dr. Vikas Khakare
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This contains Directive Principles of State Policy under the Constitution of India. The relation between directive principle of State policy and fundamental rights. It also contains fundamental duties in the Constitution of India.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
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This contains provisions as to appearance of parties before court, effects of appearance, non appearance, adjournment, examination by court, issue of commission, arrest before judgment, attachment before judgment, appointment of receiver, interest and cost.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
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This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
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This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Model Attribute Check Company Auto PropertyCeline George
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In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
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Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
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Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Operation âBlue Starâ is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
A Strategic Approach: GenAI in EducationPeter Windle
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Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
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Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
How libraries can support authors with open access requirements for UKRI fund...
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Tort general exception
1. Dr. Khakare Vikas
GENERAL EXCEPTION TO LIABILITY IN TORTS
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College,
Nanded
2. Dr. Khakare Vikas
What is general exception?
⢠Plaintiff files suit against defendant claiming remedy
against defendant. Then defendant tries to avoid his
liability. Defendant can show the circumstances by
which he may not be held liable for the wrongful act.
This is known as general exception.
⢠This is also known as general defences/general
exceptions/justification of tort.
3. Under these conditions, an act ceases to be wrongful
and in the absence of these conditions the same act
would amount to be a wrong.
Frederick Poallock defined general exceptions as, âthe
rules of immunity which limit the rule of liabilityâ.
These are the facts which is used by the defendant to
justify his wrongful act.
4. Dr. Khakare Vikas
Following are some general exceptions/defences
1. Act of State
2. Act of god
3. Judicial act
4. Quasi judicial act
5. Executive act
6. Parental and quasi parental act
7. Work of necessity
8. Inevitable accident
9. Leave and licence
10.Private defence
11.Plaintiff the wrongdoer
12.Act causing slight harm
5. Dr. Khakare Vikas
1. Act of State
⢠An act done in exercise of Sovereign Power in relation to another
State of subjects of another States.
⢠Act of State is an act which is done by the Sovereign power in
exercise of its absolute power.
⢠Pollock defined this as, âact done or adopted by the prince or ruler of
a foreign independent State in their political and sovereign capacity
and within the limit of their de facto political sovereignty.
⢠An act done by the authority of the Government of a Sovereign State
in exercise of de facto sovereign is an act of State and no action lies
in respect of it.
6. Dr. Khakare Vikas
Exception to this rule are
⢠Following are some exceptions in respect of which the
Government could be made liable although the acts may be Act
of State.
Ă Trespass to immovable property,
Ă An obligation imposed by a Statute,
Ă Where it can be shown that benefit has resulted to Government
from a tort of its servants.
7. Dr. Khakare Vikas
2. Act of god
⢠This defence is also known as vis major or damnum fatal.
⢠According to Salmond act of god is any event which could not
have been prevented by reasonable care by on the part of any
one.
⢠According to Winfield act of god is an operation of natural forces
so unexpected that no human foresight or skill could reasonably
be expected to anticipate it.
⢠Example â heavy rain, storm, earth quake, lightening, draught,
eruption of volcano, tsunami waves.
1. The damage should occur due to operation of natural forces.
2. The occurrence of natural forces was extraordinary which could
not be anticipated and reasonably guarded against.
8. Dr. Khakare Vikas
3. Judicial act
⢠No action lies for acts done, words spoken by a judge in
exercise of his judicial powers, although they may be made
maliciously and not in the honest exercise of his office.
⢠This is protection is given to judiciary under the public policy.
As it is essential to work judiciary independently and without
fear.
⢠In India, such protection to judiciary is given under the
provisions of âJudicial Officers Protection Act 1850â.
9. Dr. Khakare Vikas
4. Quasi judicial act
⢠There are some persons or authorities which perform quasi
judicial acts; like college, university, courts, clubs, committees
etc.
⢠These are protected against civil liability if they follows the
principle of Natural justice which are...
1. Acted in good faith,
2. Given a fair and sufficient notice of offence,
3. Given full opportunity to defend.
10. Dr. Khakare Vikas
5. Executive act
⢠If orders of public authority is valid; it is a good
defence against an action of torts against the officers.
But if they are guilty of misfeasance for a duty, they
are liable.
11. Dr. Khakare Vikas
6. Parental and quasi parental act
⢠Parents have right to custody of their child. They have a
duty to take care. For correcting an evil in the child, they
can moderately punish child. For this action cannot lie
against them.
⢠Similar defence is available to quasi parental authorities like
guardian other than parents, teachers, headmaster, warden
etc.
⢠But where punishment is exorbitant, parents/quasi parents
are liable under civil and criminal action.
12. Dr. Khakare Vikas
7. Work of necessity
⢠This defence is based on âsalus populi suprema lexâ which means, the
welfare of people is supreme law.
⢠By this maxim, injury to some/few person is possible for the welfare of
majority of the society. For this there should be welfare of the maximum
person and injury to minimum person.
⢠Exmaples:
o Destruction of building made ruinous by fire to prevent it falling.
o Pulling down of a house to prevent fire spread.
o Forcibly feeding a person on hunger strike unto death.
o To provide medical treatment without consent of a person.
o To ban a trade or manufacturing for welfare of society.
13. Dr. Khakare Vikas
8. Inevitable accident
⢠According to Pollock, inevitable accident is, an accident not
avoidable by any such precautions as a reasonable man,
doing such an act then and there, could be expected to take.
⢠inevitable accident is that could not be prevented by the
exercise of ordinary care, caution and skill. Which means such
accident is physically unavoidable.
⢠Inevitable accident is similar to act of god except the presence
of natural forces.
⢠Inevitable accident is not a good defence but by this
defendant may reduce his liability.
14. Dr. Khakare Vikas
9. Leave and licence
⢠This defence is known as defence of consent.
⢠This defence is based on the maxim âvolenti non fit injuriaâ
which means one who consent cannot complain.
⢠For example if a person has been invited at home; then suit
cannot be instituted against him for trespass.
⢠Consent may either express or implied.
⢠There are many occasions when a person give consent or
submit himself to the danger. For example fighting games,
sports, work or employment involving risk, stunts, surgical
operation etc.
15. Dr. Khakare Vikas
For defence of consent following rules are
applicable
⢠Consent must be voluntary and free i.e. not caused by
coercion, undue influence, mistake, misrepresentation or
fraud.
⢠The act for which consent is given must not itself be illegal.
No consent can legalise an illegal act.
⢠Knowledge of risk is not a consent.
⢠This maxim is not applicable for the action based on breach
of statutory duty.
⢠All the laws and rules applicable to the act must be complied.
16. Dr. Khakare Vikas
10. Private defence
⢠Every person has right to protect his person and property;
and also his relatives and servants. While protecting person
and property one may cause injury to person who attacked.
⢠There should be imminent danger to use right of private
defence.
⢠The force to be used for private defence must be
proportionate to the danger.
⢠The rights of private defence is available only when the
danger exist.
17. Dr. Khakare Vikas
11. Plaintiff the wrongdoer
⢠Where the plaintiff himself was wrong doer; he cannot
complain.
⢠This is based on the maxim âex turpi causa non oritur actioâ
which means from an immoral cause no action arises.
⢠Due to this defence plaintiff may get damages but that will be
lessor.
18. Dr. Khakare Vikas
12. Act causing slight harm
⢠Where damage to plaintiff is very less is also a defence. This
is based on the maxim âde minimis non curat lexâ which
means the law does not take account of trifles.
⢠This defence is not useful where there injury is to legal right.