LAW OF TORTS BY DR RK BANGIA PDF
Law Of Torts Notes With Cases Pdf [ Complete Notes For BALLB & BBALLB ]. Law Of Torts “Law of Torts”,The word TORT is derived form the Latin word. R.K. Bangia. · Rating Reader Q&A. To ask other readers questions about Law of Torts With Consumer Protection Act, please sign up. pdf of this book?. Information on Law of Torts and Consumer Protection offered by Jindal Global Law School. Semester I in . R.K. Bangia, Law of Torts with Consumer Protection .
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By R.K. Bangia. Allahabad. Law Agency, 9 University Road, Allahabad Pp. xli + Price Rs. THE PRIMARY purpose of the law of torts is to indemnify a. Introduction – Definition, Nature and Scope of Law of Torts – Torts and Crime. – Torts and R K Bangia, Law of Torts, 8 th . Dr. Laxman Balakrishna Joshi vs. 2. RFV. Heuston & RA Buckly, Salmond and Heuston on Law of Torts, 20 th. Edn- R K Bangia, Law of Torts, 8 th . Dr. Laxman Balakrishna Joshi vs. Trimbak.
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Readers Also Enjoyed. The doctor was held liable.
Because, he will be considered in law to be author of his wrong. Forrester , 11 East 60; the defendant had put a pole across a public thoroughfare in Durby, which he had no right to do.
Negligence As A Tort: Meaning Essentials And Defences
It was held that the plaintiff could not claim damages as he was also negligent. Such as, storm, extraordinary fall of rain, extraordinary high tide, earth quake etc.
Marsland, LR 10 Ex. Owing to an exceptional heavy rain, some of the reservoirs burst and carried away four country bridges. It wa held that, the defendant was not liable as the water escaped by the act of God. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill.
The injury to the plaintiff was held to be result of inevitable accident and the defendant was not liable. Mather, LR 10 Ex. On account of barking of a dog, the horses started running very fast.
The groom made best possible efforts to control them but failed. The horses knocked down the plaintiff who was seriously injured, it was held to be an inevitable accident and the defendant was not liable.
There are provisions in IPC and in common law which protect the body as well as property from the wrongful encroachment. In the case of Darshan Singh v. State of Punjab Supreme court laid down certain guideline while using the plea private defence one of them was clearly defined as- Self-preservation is a basic human instinct and is duly recognized by the criminal jurisprudence of all civilized countries recognized the right of private defence within certain reasonable limits2 In private defence the force used by the accused ought not to be wholly disproportionate or much greater than necessary for the protection of the person or property3 The provided case is solely dependable on the question of whether the appellate could exercise his right of private defence or not in a way of protecting his property from being encroached by outsiders.
In the law of tort the provision is clearly laid down about what action should be taken in case of trespass and it is considered as action perse.
In this judgment the Patna high court clearly distinguished section 97 and 99 and describe the use of reasonable care while protecting one's property or even life.
For example use of shotguns or live wire is strictly prohibited.
In this case, the use of live wire clearly shows the intention behind it and held the appellate liable under section 99 and A of IPC. Facts of the case The appellant was charged under section A of the Indian penal code for causing the death of a lady Mst Madilen for using his later even if she was not authorized to use.
Law of Torts With Consumer Protection Act - R K Bangia
She acted as a trespasser and met such fate. It was 16 July when the accident took place one week prior to it the wall of deceased fallen down and exposed to the public view.
Appellant house was adjacent to the deceased house which resulted in the frequent use of his latrine by the passerby including deceased. The appellant was not happy with all the consequences and he made several warnings not to use his laterin without permission but his warning remains futile.
At last, when oral warning had no effect he tried another way by constructing a live copper wire trap around his latrine so that nobody could enter his premises without his permission.
The wire installed was live and uncoated which made them highly dangerous adding to it he did not put up any sign or warning about the live wire.
The deceased like any other day entered the latrine and she managed to go inside but after returning her hand touched the live wire and she got a shock which resulted in her death. Background of the issue Section A was incorporated in IPC by an amendment act which deals with death caused by rash or negligent act. In cases where intention and knowledge both are absent in deciding the culpability of an accused become difficult and so to avoid such ambiguity section A was incorporated.Ruchika Raina rated it really liked it May 02, Case Analysis The case was based on the rash and negligent act of the accused though the court had taken English law reference they did not discuss various important issues so that the difference between negligent act and a well-executed act could be drawn.
Feb 18, Aman King rated it really liked it Shelves: Ayushi rated it it was amazing May 24, As in this case, the installation of live electrical wire simply justified the malice intention of the accused as no prudent man would ignore the consequences of installing such dangerous material so putting the liability under section A is not justified.
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