Role Of Motive, Intention And Malice In Torts

MOTIVE A Motive signifies the person’s state of mind. It means the ulterior reason for the conduct. It is different from intention. As a general rule, the motive is not relevant to determine a person’s liability in the Law of …

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Origin And Development of The Tort of Vicarious Liability

This article shall explore the origin and development of the tort of vicarious liability. Further, the present form of law of vicarious liability shall also be considered utilizing case laws to discover the evolution of its fundamentals. Vicarious liability can …

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Note On Remoteness Of Damages

Once the tort has been committed, the real liability arises on the defendant. The consequence of wrongful act is infinite or it would be right to say that it is a consequence of consequence. No defendant could be made liable …

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Damnum Sine Injuria and Injuria Sine Damnum

The word tort has been derived from the Latin word “tortum”, which means ‘to twist’. Basically, tort means conduct which is not straight or lawful, but, on the other hand, twisted or unlawful. Tort in Indian provision has been defined …

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Malice In Law And Malice In Fact

Introduction Malice shows wrong intention and desire to harm someone which gives rise to offenses. It is not considered essential for the maintenance of an action in tort. Mr. Justice McCardie has once told about the word ‘malice’ that it …

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