RATANLAL AND DHIRAJLAL LAW OF TORTS PDF

Thus, it is a breach of duty created by law or by other authority that amounts to a civil wrong, violating a legal right. There are three main characteristics to constitute the law of tort against any person; firstly, there must be a legal right which is violated by a wrongful act or omission. Secondly, the wrongful act of a person should render the violation of the legal right. Thirdly, there is a legal remedy for the damages caused by the violation of legal right.

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Thus, it is a breach of duty created by law or by other authority that amounts to a civil wrong, violating a legal right. There are three main characteristics to constitute the law of tort against any person; firstly, there must be a legal right which is violated by a wrongful act or omission. Secondly, the wrongful act of a person should render the violation of the legal right. Thirdly, there is a legal remedy for the damages caused by the violation of legal right.

The burden of proof lies on the plaintiff, to state that there exists a legal right which has been violated by the wrongful act or omission of defendants.

Thus, the defendants cannot discharge themselves from their liabilities under the Law of Torts. But, under the ambit of general defences, the defendants can be absolved from their liabilities. The principle is founded on good sense and justice in which the one who has assented to the act which, otherwise, would be actionable will not be held liable if suffers any damage [3].

For instance, in the case Hall v. During the race, there due to a collision between two cars one of which was thrown among spectators, causing injuries to the plaintiff.

So, the defendants were not held liable. The occurrence of an event which is not foreseeable and could not be avoided despite of all care and attention can discharge defendants from their liabilities. Inevitable Accident can be classified into two types: Those which arise out of the natural forces and not through the acts of humans or man. Such acts are known as Vis Major or Act of God.

Those which have their origin from the human agency which includes the accident which arises out of misfeasance, nonfeasance and malfeasance. For instance, bursting of a tire of a moving car even after proper maintenance, which in turn hurts the plaintiff, the defendant can claim the defence of inevitable accident. The defendants fired shot at a pheasant but the bullet after hitting the tree rebounded back and hit plaintiff in his eye. When the plaintiff sued the defendant for damages, the court held that it is a case of an inevitable accident where it was not possible for the defendant to foresee the event despite of due diligence and care.

The principle has been laid down to avoid the bigger in lieu of the lesser harm caused by the action of parties. The doctrine of necessity is confined within very narrow limits i. In a landmark case R v. Dudley and Stephens [9] , in the present case, the court held that killing of a person in order to survive is not avoiding of greater harm. Hence, the defence of necessity will not be granted. The right of private defence was constituted to enable the plaintiff to guard himself against imminent danger or threat or unlawful use of force by the defendants, by use of reasonable force for his self-defence.

The essentials to claim for the right to private defence are [10] — The force used by the defendant must be proportional to the apparent urgency of the situation [11] The threat must be immediate and, The defendant must not have an opportunity to reach out to the authorities. In the case, Morris v. The defendant in private defence raised his gun to shoot the dog but the dog ran away and he still shot the dog.

The plaintiff sued defendants for damages, the defendant pleaded for the right of private defence. It was held that the defendant was not justified in doing the act, as the dog was running away and there was no imminent danger or threat to the defendant. In some cases, the plaintiff cannot seek for a legal remedy as the damages suffered, was a result of his own act.

In the case Pitts v. Hunt [14] , a rider, 18 years encouraged his friend, 16 years to drive recklessly at a high speed after they both had been drunk. The motorbike met with an accident resulting into death of the driver and rider suffered severe injuries. The plaintiff claimed compensation from the defendants, thus, the court held that the plaintiff was himself a wrongdoer in driving the bike recklessly after getting intoxicated voluntarily.

Pranav Tomar, B. Sonal Gupta, B. Smith, 7 CH D Powell, 1 QB 86

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Lexis Nexis’s The Code of Criminal Procedure by Ratanlal & Dhirajlal

It lays down the quintessential aspects of judicial investigation for effective administration of justice. With rapid advances in diverse fields of life, human relations have undergone an unforeseen transformation, presenting new conflicts and controversies. The law of evidence must therefore regularly groom itself for facing the emerging developments which pose unprecedented problems in the collection of evidence and proof of facts. Over the years, the Courts through judicial precedents and diverse case law have enriched the lexicon of the law of evidence. The sheer fact that the book has gone through many editions, stands testimony to its intrinsic worth and scholastic wealth. This book is invaluable for practicing lawyers, law students, police trainees and officers, law universities, judicial academies, legal departments, Judges and Institutional libraries.

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