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res ipsa loquitur

of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does

Workmen's Compensation Act

damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable

Perils of the sea

Perils of the sea, means perils, dangers and accidents of the sea or other navigable waters is an expression meaning perils, or accidents peculiar to sea or

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Campbell's (Lord) Acts (English)

prosecutions for libel (see that title), 6 & 7 Vict. c. 96 (the LibelAct,1843); and (2) the Fatal Accidents Act,1846, now, with its amending Acts, known as the Fatal Accidents Acts, 1846 to 1908, provided for the

Homicide

infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure. (b)

Total disablement

as incapacities a workman for all work which he was capable of performing at the time of the accident resulting in such disablement, National Insurance Co. Ltd. v. Mohd. Saleem Khan, (1992) 2 Civ LJ 46. [Workmen's

Owner

(30)] Means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes,-- (i) in the case, of a firm, any of its partners; (ii) in the case of

Out of

the context of s. 2(8), the words 'out of' indicate that the injury must be caused by an accident which had its origin in the employment. A mere road accident, while an employee is on his way

Omission

denotes as well a series of omissions as a single omission. (Indian Penal Code, s. 33) Means an accidental slip occurs when something is wrongly put in by accident, omission occurs when something is left out by

Negligence

take precautions, as held in the Dominion case, ubi supra. So also an employer is liable for an accident arising out of dangerous work, even if he employs an independent contractor, Honeywill v. Stein Ltd. v. Larkin

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