Law of tort : Practice Questions and Answers

Ashby v. White is the leading authority for 'Ubi jus ibi remedium' — where there is a right, there is a remedy. The plaintiff was wrongfully prevented from voting yet suffered no financial loss; the court still awarded damages, establishing that violation of a legal right is itself actionable.

The Gloucester Grammar School case is the most important case which explains the concept of Damnum sine injuria. Damnum sine injuria is the most important concept in the Law of torts which explains there may be a real harm caused to a person but that harm may not create a legal damage.

Donoghue v. Stevenson (1932) established the modern law of negligence. The rule 'You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour' originates from this landmark case.

"Qui facit per alium facit per se " is a Latin legal maxim that translates to "He who acts through another acts himself" in English. This principle is often invoked in legal contexts to attribute responsibility or liability from the actions of an agent (per alium or through another) to the principal (per se or oneself).

Contributory negligence basically means ignorance from both the parties involved. If a person is driving a car without any breaks met with an accident with another person who was driving on the wrong side of the road.

Absolute Liability If an industry or enterprise is engaged in some inherently dangerous activity from which it is deriving commercial gain and that activity is capable of causing catastrophic damage then the industry officials are liable to pay compensation to the aggrieved parties. Essential Elements of Absolute Liability- Dangerous Thing- The liability will only arise if there is any dangerous thing that has been escaped from the owner’s land.

Pasley v. Freeman (1789) is the origin of the tort of deceit. The court held that a fraudulent false representation causing damage is actionable even without a contractual relationship.

In case M.C.Mehta v. Union of India, 1986, The Supreme Court observed, Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability.

This Latin maxim means 'to a willing person, no injury is done.' If a person voluntarily accepts the risk of harm, they cannot later claim compensation if that harm occurs.

The House of Lords distinguished between acts of individuals and acts done in conspiracy in the case of Quinn v. Leathem.

This doctrine states that mere financial or economic loss, without the violation of a legal right, is not actionable in law. The defendant, a schoolmaster, set up a rival school near the plaintiff’s school in Gloucester. As a result, many students left the plaintiff’s school to join the defendant’s, causing the plaintiff financial loss due to a decline in student admissions.

M.C. Mehta v. Union of India established the doctrine of Absolute Liability in India. The Supreme Court held that enterprises engaged in hazardous activities are absolutely liable for harm caused, with no exceptions whatsoever.

Vicarious liability is a term that indicates an authoritative party's legal responsibility for their subordinates' wrongdoings. Principal, Parental, and Employer liability are the three types of imputed liability.

Tort, in common law, of legal systems that describe any instance of harmful behaviour, such as physical attack on one's person or interference with one's possessions or with the use and enjoyment of one's land, honour, reputation. Types of Tort assault battery negligence

Assault involves causing reasonable apprehension of imminent harm; no physical contact is needed. Nuisance involves unreasonable interference with a person's use or enjoyment of land or rights over it.

The Pigeon-hole Theory of Tort Law was given by Salmon, a British jurist. This theory describes how the law of tort works in cases where a plaintiff suffers multiple injuries due to the negligence of the defendant.

'Injuria Sine Damnum' :- Injury without damage or infringement of an absolute private right without any actual loss or damage. According to this maxim, whenever there is an invasion of a legal right, the person in whom the right is vested is entitled to bring an action and may recover damages, although he has suffered no actual harm.

This doctrine means damage without legal injury — where actual harm occurs but no legal right is violated. In such cases no action in tort lies, as courts require both damage and violation of a legal right.

Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a- vis the tortious principle of strict liability- Held in the case of Shriram food and Fertilisers ease.

An Act of God, also known as force majeure, is an unforeseen, uncontrollable, and unavoidable natural event that prevents someone from fulfilling their contractual obligations. It is a legal concept that excuses a party from performing their contractual obligations if they are prevented from doing so by an event beyond their control.