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DEFENCES AGAINST TORTIOUS LIABILITY

  What are General Defences in Torts? When a plaintiff brings an action against the defendant for a particular tort or violation of legal right, resulting in legal damages, and successfully proves the essentials of a tort, the defendant is held liable. However few exceptions are there in which the defendant can plead some defences which can help him in absolving from liabilities. Private Defence Among the general defences in tort, private defence is the most common. When a defendant tries to protect his body or property or any other person’s property, harms another person by using reasonable force, under an imminent-danger and where there is no time to report instantly to the authority, it is Private Defence. The harm done should be proportional according to the nature of the circumstances. Essential s Imminent Danger There should be an immediate threat over the life or property of the defendant or another person’s property in which there is no time to report to the nearest authority.

Vicarious Liability

  Introduction: Vicarious Liability deal with the cases where one person is liable for another act, generally in any law a person is liable for its owns act and not for others act but in certain cases liability is arises for another person for act done by own. Example of some situation in which liability is arises, like a master is liable for his act of servant act done in the course of the employment, liability arises partner in each others in tort, liability arises in the principle for the tort of his agent. When an agent commit a tort in his court of employment as an agent of his master the master is liable for his act, when the wrongful act is done by one partner in the ordinary course of the business of the firm.  1 st - Principle and Agent In the principle agent one person authorized to another person committed tort, in this case the liability is arises for not only the person who commit the crime but also on the person who authorized her. The authority to do the act can be expre

Remedies for Breach of Contract

  INTRODUCTION The  Indian  Contract Act lays out all the provisions for the performance of a contract. It also contains the  Provisions  in case of breach of contract by either  Party . Let us take a detailed look at the available remedies for breach of contract. Remedies for Breach of Contract When a promise or agreement is broken by any of the parties we call it a breach of contract. So when either of the parties does not keep their end of the agreement or does not fulfil their obligation as per the terms of the contract, it is a breach of contract. There are a few remedies for breach of contract available to the wronged party. 1] Recession of Contract When one of the parties to a contract does not fulfil his obligations, then the other party can rescind the contract and refuse the performance of his obligations. As per section 65 of the Indian Contract Act, the party that rescinds the contract must restore any benefits he got under the said agreement. And section 75 states that the

SOCIO-ECONOMIC OFFENCES

  According to the study, socioeconomic crimes are social offences that have an impact on the health, morals, social, or overall well-being of the community as a whole, rather than just the individual victim. Economic offences are those that are harmful to society’s economy and endanger not only individual money but the entire economic structure of a country.     Features of socio-economic offences Motive: Unlike traditional crimes, the act of committing the crime is motivated by extreme greed or a desire for riches. Emotion: Whereas typical crimes are committed for emotional reasons, these sorts of offences have no emotional basis or relationship between the victim and the perpetrator. Target victim: In most cases, the victim is the state or a group of individuals, most notably those who are consumers of particular goods or services, shareholders or holders of other assets, and so on. Mode of operation: The primary motivator for committing such a crime is deception, not coercion. Ment

FORGERY

  Forgery is defined under Section 463 of Indian Penal Code, Whosoever makes any fake document or incorrect electronic record or part of a document with an intention to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to share with property, or to enter into any express or implied contract, or with purpose to commit fraud or that fraud may be accomplished, commits forgery. Forgery hence can be described as a means to achieve an end- the end is an instance of action or scheme fabricated to mislead someone into believing a lie or inaccuracy .  Concept of false Document  According to Section 463 of IPC, A person is declared to make a false document when; Firstly-  who dishonestly or fraudulently makes sign, seal or performs a document or part of a document makes any mark indicating the execution of a document, with the intention of causing it to be believed that such document or part of a document was made signed sealed or ex

Privacy

  In Constitutional law, the right of people to make personal decisions regarding intimate matters, under the common law the right of people to lead their lives in a manner that is reasonably secluded from public scrutiny, whether such scrutiny, comes from a neighbour’s prying eyes, an investigator's eavesdropping ears, or a news photographer's intrusive camera, and in statutory law, the right of people to be free from unwanted drug testing and electronic surveillance.  There are various aspects of privacy:- Right to be let alone In 1890 the United States jurists Samuel D. Warren and Louis Brandeis wrote "The Right to Privacy", an article in which they argued for the "right to be let alone", using that phrase as a definition of privacy. There is extensive commentary over the meaning of being "let alone", and among other ways, it has been interpreted to mean the right of a person to choose seclusion from the attention of others if they wish to do so

RYLANDS V. FLETCHER

  In Ryland v. Fletcher the rule lay down was Rules of strict Liability. As the word suggest it is a strict liability, even if the defendant was not negligent or the intention of the defendant is not to cause harm and took the entire necessary step and careful he would be still made liable under the rule of strict liability.  In this case the defendant got a reservoir constructed through independent contractor, over his land for providing water to his mill. There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and flooded the plaintiff’s coal mines on the adjoining land. The defendant did not know of the shafts and had not been negligent although the independent contractor had been. Even though the defendant had not been negligent,. He was held liable.  Justice Blackburn stated that the  rule of law is, that the person who for his own purpo