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Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity.
Specialty subject digests exist, such as the Education Law Digest, and the Social Security Digest. For nationwide research, about once a month, West publishes a General Digest volume, which incorporates classified digest notes from all reporters of the West National Reporter System. These are then cumulated into a Decennial Digest. Decennial ...
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. [1]
Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law.
Strict liability laws can also prevent defendants from raising diminished mental capacity defenses, since intent does not need to be proven. [ 28 ] In the English case of Sweet v Parsley (1970), it was held that where a statute creating a crime [ 29 ] made no reference to intention, then mens rea would be imputed by the court, so that the crime ...
Initially, in the lower court the case was dismissed through a directed verdict because the plaintiff could provide no evidence. Subsequently the appellate court concluded that under the conditions, the fact of the accident itself provided sufficient circumstantial evidence to establish the breach of a duty of care.
The Case of the Thorns (1466) YB 6 Ed 4, 7a pl 18 is an important historical court case from the King's Bench in common law torts.The English case, which occurred in the 15th century, is the earliest record of a common law court basing its decision on the now fundamental principle of torts: That if an individual suffers (civil) damages at the hand of another, that individual has a right to be ...
Trespass vi et armis was a precursor to many other forms of lawsuits at common law. The cause came to be formulaic and in many cases fictitious . For instance, a lawsuit against a defendant that had spoiled wine with salt water required an allegation that he had done so with bows and arrows. [ 4 ]