Justification of Torts Flashcards
What is an Act of State in tort law?
An act by sovereign power, typically against foreign subjects outside the nation’s territory, immune from legal challenge.
What does the Judicial Officers Protection Act, 1850 in India provide?
Conditional immunity to judges acting in good faith, even if actions are outside jurisdiction.
What is statutory authority in tort law?
Legal immunity granted for acts authorized by statute, provided no negligence occurs.
What does “Inevitable Accident” mean in tort?
An accident that occurs without the defendant’s control and could not be prevented with reasonable care.
What is Private Defense in tort law?
The right to protect oneself or property against unlawful harm with proportionate force.
What does the doctrine of Necessity allow in tort law?
Justifies harm caused in urgent situations to prevent greater harm to public or private interests.
Define “Public Necessity” in tort law.
A defense for actions taken to protect public welfare, such as damage to private property to prevent a disaster.
What does Ex turpi causa non oritur actio mean?
“Plaintiff as a Wrongdoer”: If the plaintiff’s illegal act caused the harm, they may lose the right to claim damages.
What does De Minimis Non Curat Lex imply in tort law?
The law does not concern itself with trivial matters; minor, insignificant harm is not actionable.
