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Tort Law

Introduction to Tort

What is a tort? The word “Tort” is of a French origin which has been further derived from the Latin word “Tortum” meaning “to twist” and implies conduct which is tortious4or twisted. It is a species of civil injury or wrong. A tort is a wrongful act or an infringement of a right (other than under […]

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Legal Maxims

Ubi Jus bi remedium

Literal Meaning: Where there is no wrong there is a remedy or it means whenever there is a legal right there is a remedy. Explanation or Major Elements of the Maxim: This maxim is applicable when the ‘Legal Rights’ exist and both the ‘no wrong’ and remedy should be legal. A wrongful act must have […]

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Legal Terms

Types of Laws

Natural or Moral Laws: Natural laws are the belief that certain laws of morality are inherent by human nature, reason, or religious belief, and that they are ethically binding on humanity. Actually, it is a philosophy that is based on the idea that “right” and “wrong” are universal concepts, as mankind finds certain things to […]

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Legal Terms

Austin’s Imperative Theory of Law

What is Law? Rules of conduct approved and enforced by the government of and over a certain territory is called a law. (eg. the ‘laws’ of India). Blackstone’s Definition: According to Sir William Blackstone (an English jurist and judge of the eighteenth century) ‘Law, in general consists of the rules recognized and acted upon in the […]

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Legal Terms

Writs and Their Types

Writ: Anything that is issued under authority is a writ. Orders, warrants, directions etc. issued under authority are examples of writs. Any person whose fundamental rights are violated can move the High Court (under article 226 of Indian constitution) or the Supreme Court (under article 32) and the court can issue direction or orders or […]

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Legal Terms

Bail

The meaning of “bail” is to set an accused person free after depositing some money with the court before he is tried, often on condition that a sum of money would be forfeited if he does not attend the trial. a warrant for the defendant’s arrest is issued. The judge sets the amount, and the money […]

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Legal Terms

Assault

An assault is defined as intentional conduct that is meant to place another person in reasonable apprehension or fear of harmful contact. The contact must appear to be imminent, meaning that the offender must appear to have the present ability to cause the contact, even if he or she is not actually capable of inflicting […]