Article 12 Of Indian Constitution

Article 12 of the constitution defines the state. Fundamental rights provide protection against governmental action, limiting government authority. Part III defines the term state in order to identify the authorities and instrumentalities functioning within or outside the borders of India which shall be included in the definition of state. State is defined under article 12...

Rylands V. Fletcher

 Rylands V Fletcher, played an important role in tort law and it is a landmark judgement. The defendant in this case had a plan to construct a reservoir on his land for the purpose of providing water to his mill. For the construction of the reservoir he employed independent contractors. While digging there were disused...

Volenti Non Fit Injuria

If a tort was filed, the plaintiff provides all the existing essentials against the defendant and he would be liable for the same. In some cases, the defendant can claim some general defences and can escape or reduce his liabilities. For example, if someone welcomes his friend to his house, then he cannot sue the...

Coercion under Indian Contract Act

Contracts are very common in our daily life. People are always engaged in contracts even if they are not realising it. Buying goods and services, paying for bus tickets, installing an app on your phone, everywhere there is a contract, but we are not realising it.  According to the Indian Contract Act 1872 a contract...

Injuria Sine Damnum

If there is a right, there is a remedy. If the legal right is violated, there is a remedy for the violation. It is not necessary that this violation cause any damage or loss. In order to be successful in an action for tort, the plaintiff has only need to prove that there has been...

Gloucester Grammar School Case

Citation : (1410) Y.B Hill 11 Hen, 4 of 47, p 21, 36 Hon’ble justice : Justice Y. B. Hillary Petitioner : Gloucester Grammar School Defendant : Rival School Teacher Facts Gloucester grammar school was a school owned by the plaintiff. The defendant was a teacher of this school. Due to some internal conflicts, the...

Nuisance- Law Of Torts

Introduction Nuisance came into our language from the French word nuire, which means 'to annoy' or 'to cause harm'. Literally, nuisance means irritation or annoyance. It is a noun that has been used in English since the 15th century. The law guarantees everyone the right to enjoy and use their property. There is a tort...

Promissory Estoppel

Introduction When two or more parties enter into a contract, there arises some obligation. Sometimes , the promisor becomes bound to his promise, not on the basis of contract, it may on the basis of the application of law of estoppel. The rule of promissory estoppel is that whenever a person with a contractual right...

Public Interest Litigation

Introduction The Constitution of a country which is also known as Suprema Lex is the fundamental law, consisting of a long list of fundamental rights. These fundamental rights are inalienable and natural rights which have been provided under Part III of the constitution. The purpose of fundamental rights, as defined in Part III of the...

Compulsion as a Defence

Introduction Section 94 of Indian Penal Code (IPC) is very important, it states the VIIth to prove that there is no intention of crime. Nothing is an offence committed by a person by threatening him except murder and offences against state punishable with death. So the section 94 of IPC has been altered as, the...