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Law of Tort Second Semester Unit-2 (Part-2) CCS University

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  Complete Law of Torts  Notes Unit-2 (Part - 2) for CCSU BALLB: Read This to Pass Your Exam (No Additional Study Needed) Question-7 What do you mean when you say "unexpected accident"? Describe its impact on torts. Answer- Unexpected Accidents and Their Impact on Tort   Overview A person is typically accountable for damages brought on by his wrongdoing under the Law of Torts. Nonetheless, a defendant may be exempt from liability under a few general defenses. "Inevitable Accident" is one of these crucial defenses. What an Inevitable Accident Means An accident is considered inevitable if it could not have been prevented with reasonable skill, care, and caution. To put it simply, it is an accident that happens without any fault and that no human being could have properly predicted.  Meaning An accident not avoidable by any such precautions as a reasonable man, doing such an act then and there, could be expected to take" is Salmond's definition of an inevitabl...
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Law of Tort Second Semester Unit-2 (Part-1) CCS University

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Complete Law of Torts  Notes Unit-2 (Part - 1) for CCSU BALLB: Read This to Pass Your Exam (No Additional Study Needed) Question-1 What does "expansion of personal freedoms and limitations" signify in the modern era? Make notes about the following: (i) Malicious prosecution; (ii) False imprisonment;  (iii) Defamation (iv) Land trespassing Everyone has the right to live in peace, enjoy their land, and do business as they see fit. Some people, on the other hand, either lack this skill or merely have a limited capacity. Talk about these people. Answer- Personal Freedom Extension and Restrictions (Modern Era) 🔹 Significance in the Modern Era Personal freedoms have significantly increased in the contemporary democratic system, particularly as a result of the Indian Constitution. As guaranteed by Articles 19 and 21 of the Constitution: The right to life and individual freedom Freedom of expression and speech Mobility Freedom to engage in commerce or business These liberties are no...
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Law of Tort Second Semester Unit-1 (Part-2) CCS University

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  Complete Law of Torts  Notes Unit-1 (Part - 2) for CCSU BALLB: Read This to Pass Your Exam (No Additional Study Needed) Question-11- What are torts against legal rights? Describe. Answer- Legal Rights Violations Definition Torts that violate someone's legal rights are known as torts against legal rights. A legal right is one that is acknowledged and safeguarded by the law. Injuria, or harm to a legal right, is more significant in some torts than actual loss. A straightforward definition "Civil wrongs that cause a person's legal rights to be violated are known as torts against legal rights." Torts Against Legal Rights Types 1. Personal Injury Torts A person's body, independence, or reputation are all impacted by these torts. For an example: Battery, assault, and false imprisonment Defamation - The rights to reputation and personal safety are violated by these torts. 2. Property-Related Torts A person's possession or ownership of property is impacted by these...
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Law of Tort Second Semester Unit 1 (Part-1) CCS University

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Complete Law of Torts  Notes (Part - 1) for CCSU BALLB: Read This to Pass Your Exam (No Additional Study Needed) Question1 - Discuss If the Law of Torts is the outcome of judicial creativity or judicial legislation Answer -    Introduction The law of torts is concerned with civil wrongs. A civil wrong occurs when one person causes pain or injury to another, and the affected person can seek punishment. Unlike criminal law, tort law is not fully documented in a single law book. Judges have formed the vast majority of tort law rules through court decisions. This raises an important question: Is tort law the result of judicial inventiveness or legislative action? Judicial Creativity (The Main Idea) Judicial creativity indicates that judges interpret and construct law when determining cases, but they do not function as legislators. Tort law depends much on judicial creative thinking because: There is no complete codified law. There is no comprehensive statute (Act) governing t...
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