What are kinds of liability ?

Answer 

There are many kids of liability some of them are as follows :

1) Civil liability -
   
      Civil liability is the enforcement of the right of the plaintiff against the defendant in civil proceedings.

2) Criminal Liability -

       Criminal Liability is the Liability to be punished in a criminal proceeding.

3) Remedial and Penal Liability

4) Vicarious Liability

5) Absolute Liability or Strict Liability

Read More

What are Kinds of Negligence ?

Answer :

There are Two Kinds of Negligence  1) Advertent negligence and 2) Inadvertent Negligence

1) Advertent Negligence  : In this Negligence harm is done foreseen as possible or probable, but it is not willed.

Example if Person drives furiously in a crowded street and caused njury to persons  commits it by advertent negligence   


2) Inadvertent Negligence 

       The negligence, which is result of ignorance is inadvertent negligence. In such Negligence harm cause is neither foreseen nor willful.

Example :  A Doctor who treats a patient improperly through negligence    

Read More

What remedies are available in case of land trespass ?

Answer :

Remedies available in case of land trespass are as follows :

  

The person whose land is trespassed upon may -

1) Bring an action for trespass against the wrongdoer ;  or

2) Forcibly defend his possession against a trespasser; or ; or

3) Forcibly eject him .

Action for trespass  

       To maintain and action for trespass the plaintiff must prove that he was in possession, either actual or constructive , at the time of trespass .
 

Defense of property

       Property owner must  use force to keep out trespasser. In case trespasser has succeeded in obtaining possession the rightful owner must appeal to the law for assistance. 

 
Expulsion of Trespasser 

       The true owner of property is entitled to use force in ejecting trespasser so long as he does him no personal injury.  

Read More

Who can sue in Public Nuisance ?

Answer :

The Attorney General in England and the Advocate general (or the collector) in India can take an action for public nuisance .

A Private individual can also sue for public nuisance if he shows that :

1) He has suffered some special damage apart from the general damage suffered by the public.

2) The injury was direct and not consequential.

3) The injury was substantial

Read More

What are Remedies available for Private Nuisance and Public Nuisance ?

Answer :

Remedies available for private nuisance  are as follows :

1) Abatement

2) Damages

3) Injunction.

Remedies available in case of public nuisance , are as follows :

1)  Injunction

2) Criminal Action

3) Declaration

Read More

Who is liable for nuisance?

    Answer :

    The action must be brought against the hand committing the injury or against the owner for whom the act whom the act was done. It will lie against the person.

1) Who creates or continuous a nuisance authorises or suffers the creation of a nuisance or

2) Who Lets or sells property with a nuisance on it.

  A person is liable for a nuisance constituted by the state of his property.

a) If he causes it,

b) If by the neglect of some duty he allowed to arise and

3) If, when it has a arisen, without his own act or default, he omits to remedy it within a reasonable time after he became or ought to have become aware of it.

The plaintiff must prove the  following in an action for public nuisance.

i) A public nuisance.

ii) Special damage to him arising as a direct consequence of the nuisance. If it was due to the fault of the plaintiff himself or a third party, the defendant of the nuisance  cannot be made liable.

iii) The defendant was the occupier or person in possession and control of the premises with the nuisance on it.

Read More

Who can sue for Nuisance ?

Answer :

The actual occupier of the premises can alone bring an action for nuisance of a temporary character. If the injured property is in the occupation of tenants, the landlord or reversioner has no right of action. The latter can bring an action only if the injury complained of is of a permanent nature e.g. obstructive of light and injurious to the property and detrimental to the letting value of the house.

Read More