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Negligence 2

Negligence 2

MEANING AND DEFINITION In every day usage it denotes carelessness. But in its legal interpretation the word carries two senses in the law of torts. Negligence as a mode of committing certain torts- trespass, Nuisance or defamation. It denotes mental element. An independent tort which consists of a breach of legal duty to take care […]

Wrongful Restraint of Torts

Wrongful Restraint of Torts

SECTION 339 states that “Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person” Exception: The obstruction of a private way over land or water which a person in good faith believes himself […]

Nuisance

Nuisance

Nuisance means unlawful interference with the use or enjoyment of land of another. A Person’s any act which leads to the disruption of the right of use of property enjoyed by another constitutes nuisance. Nuisance can be in many ways unjust noise, vibrations, disrupting sunlight, bad fumes all amount to nuisance. To amount nuisance there […]