Tort - Law Dictionary Search Results
Home Dictionary Name: tort Page: 7King can do no wrong
King can do no wrong, in India in criminal jurisdic-tion the principle 'king can do no wrong' is not applicable. The Government is as much bound by criminal liability as an individual, Superintendent and Remembrancer of Legal Affairs v. Corporation of Calcutta, AIR 1967 SC 997: (1967) 2 SCR 170.In India in the sector of tort, State of Rajasthan v. Mst. Vidhyawati, AIR 1962 SC 933: 1962 Supp (2) SCR 989.Also this principle is on the verge of total abandonment, Pushpa Thakur v. Union of India, AIR 1986 SC 1199....
equitable tolling
equitable tolling : a doctrine or principle of tort law: a statute of limitations will not bar a claim if despite use of due diligence the plaintiff did not or could not discover the injury until after the expiration of the limitations period ...
false light
false light : an untrue or misleading portrayal [unreasonably placed their family in a false light before the public "Cantrell v. Forest City Publishing Co., 419 U.S. 245 (1974)"] ;also : an invasion of privacy tort that is based on injury to the victim's reputation by such a portrayal (as in a publication) compare defamation, libel, slander NOTE: The false light cause of action is not recognized in all jurisdictions. Where it is recognized, the misrepresentation creating the false light does not need to be defamatory, but it must be offensive or objectionable to a reasonable person and made with knowledge of its inaccuracy. ...
mitigation of damages
mitigation of damages 1 : a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury [whether the patient shares any fault and whether the patient has satisfied the requirements of mitigation of damages "D'Aries v. Schell, 644 A.2d 134 (1994)"] ;also : an affirmative defense based on this doctrine called also avoidable consequences 2 : a reduction in the amount of damages awarded a party ...
Victim
Victim, A person harmed by a crime tort, or other wrong, Black's Law Dictionary, 7th Edn., p. 1561....
respondeat superior
respondeat superior [Medieval Latin, let the superior give answer] : a doctrine in tort law that makes a master liable for the wrong of a servant ;specif : the doctrine making an employer or principal liable for the wrong of an employee or agent if it was committed within the scope of employment or agency [to recover…upon a theory of respondeat superior, it is incumbent upon plaintiff to prove that the collision occurred while the driver was within the scope of his employment "Perdue v. Mitchell, 373 So. 2d 650 (1979)"] compare scope of employment vicarious liability at liability ...
Agent
Agent, a person acting for another, whether by his express or implied authority, the general rule being, that whatever a person may do himself, that he may, as 'principal,' authorize another to do for him, and in accordance with the maxim, qui facit per alium facit per se, to fix him with the same liability in contract or tort as if he had done it himself. See BROKER, FACTOR, MERCANTILE AGENT, VICARIOUS RESPONSIBILITY, and consult Bowstead on Agency or Evans on Principal and Agent.Where the principal is disclosed, only the principal can be sued. Where the principal is not disclosed, but the agent acts as agent, either the agent or the principal, when disclosed, can be sued. If an agent represents himself as such, and contract for an undisclosed and unascertained principal, his contract may be ratified by the principal when disclosed and ascertained.Agent is a person appointed to carry on a business under the powers of a committee of a person incapable of managing his affairs or under a...
Res ipsa loquitur
Res ipsa loquitur (the thing speaks for itself), a phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence, e.g., a collision between two trains upon a railway: see Carpue v. London, Brighton, and South Coast Ry. Co., (1844) 5 Ex. 787.Res ipsa loquitur (thing speaks for itself) is a principle which, in reality, belongs to the law of torts, Syed Akbar v. State of Karnataka, AIR 1979 SC 1848 (1851).The thing speaks for itself.This maxim is applicable in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence-- e.g., where a ship in motion collides with a ship at anchor. It ought not to be applied unless the facts proved are more consistent with negligence in the defendant than with a mere accident; nor ought it to be applied to evidence of an unexplained accident, if the evidence is...
delict
delict [Latin delictum misdeed, offense, from neuter past participle of delinquere to commit (an offense), err] 1 in the civil law of Louisiana : offense ;esp : an offense other than breach of contract that creates an obligation for damages NOTE: Delict is the civil law equivalent of the common-law tort. 2 : a criminal offense de·lic·tu·al [di-lik-chə-wəl] adj ...
Guardianship
Guardianship. The care of and responsibility for a person of non-age or infancy in regard to its person or property, or both. At Common Law, the father is the guardian by nature and nurture but the rights and duties relating to that office have been modified in favour of the mother by the (English) Custody of Infants Act, 1873 (36 & 37 Vict. c. 12, (English) Guardianship of Infants Acts, 1886 (49 & 50 Vict. c. 27), and 1925 (15 & 16 Geo. 5, c. 45), and the (English) Custody of Children Act, 1891 (54 Vict. c. 3). The main consideration is the welfare of the child. In modern times, guardians may be said to be of six kinds:-(1) Testamentary.--By 12 Car. 2, c. 24, s. 8, the father, and by s. 5 of the Act of 1925, both father and mother have an equal right to appoint a guardian by deed or will to act after death respectively either jointly with the survivor or otherwise, as the Court may direct.(2) Maternal.--Under the Acts of 1886 and 1925, s. 4, on the death of the father, the mother, if ...
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