The distinction between the functions of court and jury does not come in question until the parties differ as to the standard of conduct. Negligence, like ownership, is a complex conception. Just as the latter imports the existence of...
Negligence
whether under the common law of New Zealand awards of exemplary damages in cases of negligence are, or should be, restricted to cases of intentional wrongdoing or conscious recklessness.
f a person brings, or accumulates, on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril. If it does escape, and cause damage, he is responsible, however careful...
In the law of negligence, professionals such as lawyers, doctors, architects and others are included in the category of persons professing some special skill or skilled persons generally. Any task which is required to be performed with a special...
The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments have assigned various meanings to negligence. The concept as has been acceptable to Indian jurisprudential thought is well-stated in the Law of Torts, Ratanlal &...
In T.O. Anthony Vs. Karvarnan and Others, , which is relied on by the Appellants it was held as under: – Composite negligence refers to the negligence on the part of two or more persons. Where a person is...
Hon’ble Apex Court in case of Municipal Corporation of Delhi v. Sushila Devi (Smt.) & Ors., reported in (1999) 4 SCC 317 and made observations referring to the accident caused due to falling of tree. It has bee observed...
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