Law

Definition of Common-Law Partner in Canada In Canada, a Common-Law Partner refers to a person who has been living with their partner in a conjugal relationship, continuously for a specified period of time. This period varies depending on the province or territory, but generally ranges from one to three years. Unlike married couples, Common-Law Partners

When the plaintiff by his own want of care contributes to the damage caused by the negligence or wrongful conduct of the defendant, he is considered to be guilty of contributory negligence. An accident would be said to be the result of contributory negligence if “the proximate cause of the accident is the act or

In the law of professional negligence, are such as lawyers, doctors, architects. In the category are persons professing some special skill. Any task which is required to be performed with a special skill would generally be admitted or undertaken to be performed only if the person possesses the requisite skill for performing that task. The

This branch of law is comparatively of recent origin. It provides relief when a person may get physical injury not by an impact, by stick, bullet or sword but merely by a nervous shock through what he has seen or heard. As far back as 1888, the Judicial Committee of the Privy Council in Victorian

Res Ipsa Loquitur : As a general rule, it is for the plaintiff to prove that the defendant was negligent. The initial burden of making out at least a prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once this onus is discharged, it will be for the defendant

In an action for negligence, the plaintiff has to prove the following essentials of negligence : That the defendant owed duty of care to the plaintiff; The defendant made a breach of that duty; The plaintiff suffered damage as a consequence thereof. Duty of care to the plaintiff It means a legal duty rather than

Breach of duty means non-observance of due care which is required in a particular situation. What is the standard of care required? The standard is that of a reasonable man or of an ordinarily prudent man. If the defendant has acted like a reasonably prudent man, there is no negligence. As stated by Alderson B.

The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments it is said have assigned various meanings to negligence. The Apex Court in Jacob Mathew V. State of Punjab, observed : “Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by

Maintenance means aiding a party in civil proceedings by pecuniary assistance or otherwise, without lawful justification. Maintenance is both a tort and crime. The essence of the offence is intermeddling with litigation in which the intermeddler has no concern.1 “It seemeth that….. maintenance and champerty is strictly prohibited by the Common Law as being a

A malicious prosecution is defined as “a judicial proceeding instituted by one person against another, from wrongful or improper motive and without probable cause to sustain it.” It is said to be “a prosecution on some charge of crime which is wilful, wanton, or reckless or against the prosecutor’s sense of duty and right, or