more legal Flashcards
law of torts evolved through
judicial prnouncements
tort has been derived through
tortum
tort means
a legal civil wrong
damnum sine injuria
damage without legal injury
maxim injuria sine damnum
legal injury without pvt damage
injuria sine damnum
violation of legal right
maxim alteram non leadere
to hurt nobody by word or deed
ubi jus ibi remedium
when there is a wrong, there is a remedy
liability of master and servant is
joint and several
respondent superiro
principle is liable for agents act
qui facit per alium facit per se
he who acts through another is deemed to do it himself
res ipsa loquitor is the rule of
evidence
2 or more persons can be made joint tortfeasor if they have
common design
case for tort of conspiracy
mogul vs mc gregor
damnum sine injuria case
gloucester grammar case
absolute liability case
rylands vs fletcher
injuria sine damnum case
ashby vs white
inevitable accident case
stanley vs powel
ex turpi causa non oritur actio
an action does not arise from an immoral cause
not a valid defence against a tort
scienti non fit injuria
if a hithicker dies due to drivers negligence
no suit for damages as volenti non fit injuria
knowledge of risk is not acceptance of risk
remember
salus populi suprema lex
welfare of people is the supreme law
act of god
micjolas vs marshland
absolute liability case
rylands vs fletcher
strict liability case
blackburn
nuisance are of how many kinds
public and pvt
pointing of loaded pistol is
assault
torts purely affecting moveable property
trespass to goods
a mere detention of goods without any wrong to plaintiff’s title
detinue
who propounded that it is a law of tort and not law of torts
winfield
pigeon hole theory propounded by
salmond
p standing on highway was injured by ball hit by b while playing cirkcet on his fielf
not nuisance
because its occasional nusiance
publisher is liable for anything published
it was known that a’s father was associated with criminal misappropriation. b says in th e presence of a “here comes the son of a very honest man”
case of defamation
whose viewpoint was negligence is culpable carelessness
salmond
in case 2 dogs of 2 owners are libale
the money wont get divided
each owner is liable for the whole amount
a gives some cash and cheques to v who was an embloyee of sbi, to deposit the same in that bank in the account of a. v misappropriated the money
bank not liable
because v was not acting in course of employement
who came up with the design for national flag
nehru
vande matram has been taken from which boom
anandmath
perosn not memeber of parliament can be appointed as minister by pres for max period of
6 months
ordinance expiry date
6 weeks
fundamental duties added through
42nd amend
british conceded the demand for partition of india under
mountabatten plan 1947
freedom to form association and unions
art 19 c
art 15 (1)
no discrimination on the basis of residence
rajya sabha can withold the monet bill for
14 days
budget is
annual financial statement
where a person has no choice but to sign on the dotted line
standardized contract
agreemnt caused by mutual mistake is void
false
if a priest induces a devotee to transfer all his property to him
voidable
nothing is an offence done by a chikd under the age of
7 years old
defination of contract under indian contract act 1872
sec 2 (h)
consensus ad idem
meeting of mind
in case of conflict of jurisdiction the indence of contract will be governed by the law of place where
the contract was made
sequence of contract
offer
acceptance
consideration
agreement
when goods are on display the offer comes from
the customer
competancy of parties to contract is under
sec 10
incompetancy of parties to contract
sec 11
if a notice at the entrace of an autmatic car park is an offer, it can be accepted by
driving in
the most authetic mode of transport when no mode is specified
letter
mohiri bibi case
contract with minor is void
even if a minor acts fraudulantly
no estoppel against him
contract without free consenr
voidable
husband and wife
parents aand child
fiduciary relationship
a. person is said tobe in distress if his mental capicty is
temprarily or permanently affected
crime is a
public wrong
draft of ipc was prepared by
lord macaulay
main igredients of crime
mens rea and actus rea
actus rea means
volunatry and involuntary wrong action
actus non facit reum
no crime without a guilty mind
mens rea is essential in
all
strict absolute public nuisance etc
4 stages of crome
intention
preparation
action
result
a woman tried to commit suicide by running towards the edge of a well
she was stopped before reaching the well
no offence committed
a purchased a stamp in the name of b whose name he wanted to forge
forgery
x with intention to kill y enters y’s room but he was absent
offence of trespass
legal insanity is
total loss of cognitive faculties
a intendingt o kill b mixes poison in his drink and passes on the drink to bartender to deliever it to b
howere bartendeer loses balance and spills the drink
offence of attempt to murder
x with intention to steal from y’s bag opens the bag but finds it empty
offence of attempt to commit theft