Law Of Torts Notes With Cases Pdf [ Complete Notes For BALLB & BBALLB ]. Law Of Torts “Law of Torts”,The word TORT is derived form the Latin word. R.K. Bangia. · Rating Reader Q&A. To ask other readers questions about Law of Torts With Consumer Protection Act, please sign up. pdf of this book?. Information on Law of Torts and Consumer Protection offered by Jindal Global Law School. Semester I in . R.K. Bangia, Law of Torts with Consumer Protection .
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By R.K. Bangia. Allahabad. Law Agency, 9 University Road, Allahabad Pp. xli + Price Rs. THE PRIMARY purpose of the law of torts is to indemnify a. Introduction – Definition, Nature and Scope of Law of Torts – Torts and Crime. – Torts and R K Bangia, Law of Torts, 8 th . Dr. Laxman Balakrishna Joshi vs. 2. RFV. Heuston & RA Buckly, Salmond and Heuston on Law of Torts, 20 th. Edn- R K Bangia, Law of Torts, 8 th . Dr. Laxman Balakrishna Joshi vs. Trimbak.
Stevenson, AC carried the idea further and expanded the scope of duty saying that the duty so raised extends to your neighbour.
It must also be established that the defendant owed a duty of care towards the plaintiff. Young, AC 92; the plaintiff, a fishwife, alighted from a tram car.
While she was being helped in putting her basket on her back, a motor-cyclist after passing the tram collided with a motor car at the distance of 15 yards on the other side of the tram and died instantly. The plaintiff could see neither the deceased nor the accident as the tram was standing between her and the place of accident. She had simply heard about the collision and after the dead body had been removed she went to the place and saw blood left on the road.
Consequently, she suffered a nervous shock and gave birth to a still-born child of 8 months. She sued the representatives of the deceased motor-cyclist.
It was held that the deceased had no duty of care towards the plaintiff and hence she could not claim damages. The structure was 80 years old whereas its normal life was years.
The Municipal Corporation of Dellhi having the control of the structure failed to take care and was therefore, liable.
Sushila Devi , AIR SC ; a person passing by the road died because of fall of branch of a tree standing on the road, on his head. The Municipal Corporation was held liable. State of Maharashtra 2 SCC ; a cotton mop was left inside the body by the negligence of the doctor.
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Please try again later. At last, when oral warning had no effect he tried another way by constructing a live copper wire trap around his latrine so that nobody could enter his premises without his permission.
Law of Torts With Consumer Protection Act - R K Bangia
The wire installed was live and uncoated which made them highly dangerous adding to it he did not put up any sign or warning about the live wire. The deceased like any other day entered the latrine and she managed to go inside but after returning her hand touched the live wire and she got a shock which resulted in her death.
Background of the issue Section A was incorporated in IPC by an amendment act which deals with death caused by rash or negligent act. In cases where intention and knowledge both are absent in deciding the culpability of an accused become difficult and so to avoid such ambiguity section A was incorporated.
It says-whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. The second part comes in operation when the death is caused due to the negligent act, but in both the cases, the act should not amount to culpable homicide.
While rashness is acting in the hope that no mischievous consequences will ensue though aware of the likelihood of such consequences, negligence is acting without the awareness that harmful or mischievous consequences will follow6 Disposition 4 Supra The accused was charged before the learned sessions judge with an offence under section of the IPC but on the finding that the accused had no intention to cause the death of the deceased he was acquitted of that charge.
In Cherubin Gregory v state of Bihar court held that the man was simply reckless in his action which resulted in death. The facts, as found are that, in order to prevent the ingress of persons like the deceased into his laterin by making such ingress dangerous the court held that the accused was guilty of an offence under section A of the Indian Penal Code. Case Analysis The case was based on the rash and negligent act of the accused though the court had taken English law reference they did not discuss various important issues so that the difference between negligent act and a well-executed act could be drawn.
As in this case, the installation of live electrical wire simply justified the malice intention of the accused as no prudent man would ignore the consequences of installing such dangerous material so putting the liability under section A is not justified. If the voltage in the live wire would be so low that it decreases the possibility of death or any serious injury but due to some unfortunate condition death occurred the section A might be justified.
Criminal liability arises under section and if there is intention or knowledge of the harm taking place, even though intention was not in the present case but knowledge of causing such harm was clearly present as no person is unaware of the fact that live wire with such high voltage could cause grievous hurt, also the accused had proper idea of the consequences of his action.
The judgment was not justified as this case should attract liability under section which says -Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
On the given cases the difference between the negligent act or an act which has prior knowledge is so crucial because the punishment provided in both the cases differ a lot and could not be compromised.Enlarge cover. Other editions.
Open Preview See a Problem? Customers who viewed this item also viewed. Pooja rated it it was amazing Aug 07, Iam a BA LLB student and for my subject of law of torts this book is so apt,all the topics of law of torts are covered in this book along with case laws,and this is updated edition of Top Reviews Most recent Top Reviews.
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She had simply heard about the collision and after the dead body had been removed she went to the place and saw blood left on the road. To see what your friends thought of this book, please sign up.