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.
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.
An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
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.
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.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
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
Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
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.
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.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
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
Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Contracts & Intentional Torts
Healthcare Law: Class 4
• Elements
• Defenses
Terms/Definition
• Liability: legal responsibility for one’s acts or omissions
• Cause of action: the basis of a law suit. Sufficient legal grounds
and alleged fact that, if proven, would constitute all the
requirements for the plaintiff to prevail
• Legal duty: he responsibility to others to act according to the
law; may be imposed by constitution, legislation, common law, or
contract
• Affidavit: written statement confirmed by oath or affirmation,
for use as evidence, but NOT in place of in-court testimony
• Statute of Limitations: Any law that bars claims after a certain
period of time passes after an injury. The period of time varies
depending on the jurisdiction and the type of claim.
1. Offer
2. Acceptance
3. Consideration* must be given
4. Legality
Elements of a Contract
*act of each party exchanging something of value to their detriment
1. Offer
2. Acceptance
3. Consideration* must be given
• Something of value must be given & received
• $$, work, doing or NOT doing something
4. Legality
• Purpose of the contract must be legal
• Parties must be competent
• Certain contracts must be in writing (property, contracts that cannot
be performed in less than a year, contracts that guarantee the debt
of another person
Elements of a Contract
“Meeting of the Minds”
*act of each party exchanging something of value to their detriment
Express vs. Implied Contract
• Express = written and/or spoken
• Implied = based on facts & circumstances
i.e. ordering food at a restaurant
patient makes appointment with MD
Physician-Patient Relationship: Circumstances
• Does a physician need to come into direct contact with the
patient?
• A physician is hired by ABC corporation to examine a patient
for a pre-employment physical. To whom does the physician
have a legal duty?
Workers’ Compensation
• General rule: Workers’ Comp is an employee’s exclusive
legal remedy for a workplace injury or illness
• Employees cannot make negligence or other legal claims
against their employers
• DUAL CAPACITY DOCTRINE EXCEPTION: when an employer operates
as both an employer AND a health care provider, in some states,
such as OH and CA
Physician-Patient Relationship: Scope of Duty
Physician:
• agrees to diagnose and treat patient consistent with the standard of
acceptable medical practice until the “natural termination” of the
relationship
• agrees not to abandon the patient
• does not agree to CURE the patient
• May be relieved of liability if the patient does not follow orders
• Express promises can be viewed as a warranty
• Has a duty to report diseases determined to be “reportable” by the state
and/or federal government (i.e. STDs, HIV, seizure disorder, risk of
harm/death, threatened by patient)
Patient:
• agrees to pay, or have insurance pay, for services
• does not have to agree (legally) to follow the orders of the ...
Duty Of Care For Mental Health Practitioners Kerry O'Brien
In this presentation we aim to provide an understanding of:
- Your ‘Duty of Care’, how it arises;
- The standard of your ‘Duty of Care’;
- Recent Case Study – ‘Duty of Care’ to third parties;
- ‘Duty of Care’ and the Mental Health Act 2000; and
- Your exposure.
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
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
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Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
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
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
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
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
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.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
2. Dr.KhakareVikas
NEGLIGENCE
• Negligence is one of the most common tort. It is formulated in 19th century.
• In law of torts, negligence may mean
A. A state of mind in which a particular tort may committed or
B. An independent tort.
3. Dr.KhakareVikas
Definitions
• Austin, ‘ Negligence is a faulty mental condition
which is penalized by the award of damage.’
• Winfield, ‘as a mental element in tortious liability,
negligence usually signifies total or partial
inadvertence of the defendant to his conduct and for
its consequences.’
• Clark and Lindsell, ‘negligence is the omission to
take such care as under the circumstance it is the
legal duty of a person to take.’
• Pollock, ‘ negligence is contrary to diligence.’
4. Dr.KhakareVikas
Essential condition to sue for negligence
1. The defendant was under a duty of care to the plaintiff.
2. The duty was towards plaintiff
3. There had been a breach of that duty
4. As a result the plaintiff has suffered damage.
5. Dr.KhakareVikas
1. Duty of care dkGth ?ks.;kph drZO;
• A man may be as negligent as he pleases towards the
whole world, if he owes no duty to them. But when a
man does any act and he know its consequence, that it
is likely to cause any harm to another; then he is having
a duty of care towards another persons.
• If a person driving a vehicle, he must be careful and has
duty of care towards pedestrian. If a person carrying
sharp thing in crowded place, he has a duty of care not
to cause injury to people. A manufacturer must take care
for consumers. Doctor while operating must take care of
patient. The categories of negligence is never closed.
6. Dr.KhakareVikas
.
• The duty of care must be one recognized by law.
• Negligence is not a ground of liability unless the person
whose conduct is impeached is under a duty of taking
care.
• According to Bowen L.J. ‘the idea of negligence and duty
are correlative as there is no such thing as negligence in
abstract; negligence is simply neglect of some care
which we are bound to exercise towards somebody
7. Dr.KhakareVikas
Donoghue v. Stevenson
• In this case, a man bought from a retailer a bottle of ginger
beer manufactured by the defendant. The man gave the
bottle to his lady friend who became ill from drinking the
contents. The bottle contained the decomposed remains of a
snail. The bottle was opaque so that the noxious substance
could not have seen and was not discovered until the lady
was refilling her glass. The consumer sued the manufacturer
in negligence. It was held by House of Lords, that
manufacturer was liable to the consumer.
8. Dr.KhakareVikas
...• It was also held that, the consumer had no cause of action in
contract against either retailer or manufacturer because it
was she and not her friend who bought the bottle. Her claim
arose in tort e.g. Negligence and the breach of a duty of care
owed to herself as a consumer.
• Out of it has come the following broad definition of the duty of
care. -
• You must take care reasonable care to avoid acts or
omissions which you can reasonably foresee would be likely
to injure your neighbour,
• My neighbours are the persons who are closely and directly
affected by my act that I ought reasonably to have them in
contemplations which are called in question.
9. Dr.KhakareVikas
.
• The rule enunciated has been applied to a manufacturer of food stuffs, clothing, hair
dyes, and similar matters.
• The recognised duties in law are...
• Highway
• Employer’s liability
• Professional persons like, doctors, surgeons, solicitors, engineers etc
• Bailees of goods
• Carriers
10. Dr.KhakareVikas
Degree of care
• Duty to take care arises as soon as there is a reasonable
probability of danger from the conduct of the defendant.
• Not definition of carelessness or negligence is possible; it can
only be evaluated in the light of some norm or standard,
which the person making evaluation has in mind.
• The required standard of care is not the highest possible
standard but the standard of the ordinary average reasonable
man if he were placed in the defendant’s circumstances.
11. Dr.KhakareVikas
.
• The degree of care which a man is required to use in a
particular situation varies with the obviousness of the risk. If
the possible danger is great; great care is required. If
possible danger is slight; slight degree of care is required.
The care that will be required of them will be the care that an
ordinary prudent man is bound to exercise. The prudent man
is the man who has acquired the skill to do the act which he
undertakes. A person who profess to have special skill or who
have voluntarily undertaken a higher degree of duty are
bound to exercise more care than an ordinary prudent man.
12. Dr.KhakareVikas
2. Duty must be owed to the plaintiff
• Mere carelessness on the part of defendant is not enough unless it is shown that,
such duty owed to the plaintiff. If defendant owe no duty to the plaintiff; he cannot
sue even though he sustained injury.
13. Dr.KhakareVikas
3. Breach of duty of care
• Breach of duty means non observance of due care which is required in particular
situation. What standard of care is required? It is that of a reasonable man or an
ordinary prudent man. For this following things are considered
1. Importance of the object to be attained,
2. The magnitude of the risk,
3. The amount of consideration for which services etc are offered.
14. Dr.KhakareVikas
4. Damage
• It is necessary that defendant’s act has caused
actual damage to plaintiff. And plaintiff has to prove
that damage to him is immediate result of
defendant’s act and it is not remote.
15. Dr.KhakareVikas
Res Ipsa Loquitur
• In a suit for negligence, plaintiff has to prove following facts so as to get remedy...
• 1. The defendant was under a duty of care to the plaintiff.
• 2. The duty was towards plaintiff
3. There had been a breach of that duty
4. As a result the plaintiff has suffered damage.
16. Dr.KhakareVikas
.• Plaintiff has to show proof of negligence of defendant.
And if he proves then defendant can disprove it. If
plaintiff fails to prove negligence of defendant; he will not
get remedy and defendant is under no liability to
disprove.
• In some cases plaintiff may be in hardship to show
negligence of defendant because, the true cause of the
accident, lies, solely within the knowledge of the
defendant who caused. In such case plaintiff has to only
accident (damage) and nothing more. Because there is
presumption of negligence according to maxim, “res ipsa
loquitur”.
17. Dr.KhakareVikas
Conditions for Res Ipsa Loquitur
• Following Conditions are requited for application ofRes Iipsa
Loquitur
1. The accident must be such kind which does not ordinarily occur in
the absence of some one’s negligence.
2. It must be caused by an agency or instrumentality within the
exclusive control of the defendants.
3. The mere occurrence of the event must raise of itself a reasonable
inference that the defendant or his servant or agent have been
negligent.
4. Absence of any explanation how the accident occurred by the
defendants.
5. It must not have been due to any voluntary action or contribution on
the part of the plaintiff.
18. Dr.KhakareVikas
When Res Ipsa Loquitur is not applicable
• Res Iipsa Loquitur is not applicable when...
1. it is not applicable to all accidents; but only where cause
is within knowledge and control of defendant.
2. Rule does not create a legal presumption of negligence
and it is rebuttable presumption.
3. Burden of proof to negligence is on plaintiff but some
times it is less than other cases.
4. It does not absolve plaintiff from burden of proof.
5. Defendant can show way in which the accident may
have reasonably occurred without negligence on his
part.