Public nuisance is a crime whereas private nuisance is a civil wrong. Public nuisance is interference with the right of public in general and is punishable as an offence. Obstructing a public way by digging a trench, or constructing structures on it are examples of public nuisance. Although such obstruction may cause inconvenience to many
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In the eyes of law, husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication. In T.J. Ponnen V. M.C. Verghese, the question which had arisen was whether a letter from the husband to the wife containing defamatory matter concerning
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Defamation is injury to the reputation of a person. a person injures the reputation of another, he does so at his own risk, as in the case of an interference with the property. A man’s reputation is his property, and if possible, more valuable, than other property. Libel and Slander English Law : Mainly because
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At Common Law, the Crown could not be sued in tort’ either for wrong actually authorized by it or committed by its servants, in the course of their employment. Moreover, no action could lie against the head of the department or other superior officials for the acts of their subordinates for relationship between them was
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The rule known as the doctrine of Common Employment was an exception to the rule that a master is liable for the wrongs of his servant committed in the course of his employment. The rule was first applied in 1837 in Priestley V. Fowler, developed in 1850 in Hutchinston v. York, New Castle and Berwick
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Independence and Joint Tortfeasors (Composite Tortfeasors) When two or more persons commit some tort against the same plaintiff, they may be either independent joint tortfeasors. Independent Tortfeasors When the acts of two or more persons, acting independently, concur to produce a single damage, they are known as independent tortfeasors. There is no concerted action on
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An act done in exercise of sovereign power in relation to another State or subjects of another State is an Act of State and cannot be questioned by municipal courts. According to Wade and Philips, the term “‘Act of State’ means an act of the Executive as a matter of policy performed in the course
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Volenti Non Fit Injuria Volenti Non Fit Injuria – When a person consents to the infliction of some harm upon himself, he has no remedy for that in tort. In case, the plaintiff voluntarily agrees to duffer some harm, he is not allowed to complain for that and his consent serves as a good defence
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Unfair Contract Terms Act, 1977 Unfair contract terms act, 1977 limits the right of a person to restrict or exclude his liability resulting from his negligence by a contract term, or by notice. Section 2 of the Act contains the following provisions in this regard. “Negligence Liability. – (1) A person cannot by reference to
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Tort and Breach of Contract A tort and breach of contract results from the breach of a duty undertaken by the parties themselves. The agreement, the violation of which is known as a breach of contract is made by the parties with their free consent. A tort, on the other hand, results from the breach
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