Liability built by relationship of trust
(i) Principal - Agent
Qui Facit per Alium Facit Per se
Act of agent = act of Principal
Act done in ordinary course
(ii) Partners
Rule of agency is applicable in both
Hamlen Vs Houston & Co
(iii) Master Servant
- Respondent Superior
- Master controls the servant
(iv) Independent Contractor
Contractor will be himself liable
e.g. Taxi Driver, Mechanic takes test drive
In case of professional negligence, professional will be liable.
Liability of defendant for committing an action, regardless of what his/ her intent or mental state was when committing the action.
Rylands Vs Fletcher
Reservoir owned by Reylands. He hired independent contractors, who used weak shafts, rains shats break etc nearly coal block.
Independent contractors not liable
Defendant was J. Blacksun
Essentials of Strict Liability
i. Presence of non-natural dangerous thing
ii. Escape of it
iii. Damages caused by it.
Defences for strict liability
i. Act of god
ii. Plaintiff the wrong doer
iii. Accident
iv. Volerti non-fit injuria
v. Act of 3rd party
vi. Statutory
M C Mehta Vs Union of India - CJI Bhagwati
Same as strict liability
Except no Defences available.
Note for LLB Entrance Examinations
Muslim Law
Nikah- Muslim Marriage Conditions
Hindu Law
Hindu Adoption and Maintenance Act 1956
Hindu Minority and Guardianship Act 1956
Hindu Succession Act 1956 Notes
Special Marriage Act 1954 Notes
Historic Development of Law in India
Constitution of India
Preamble of the Constitution of India
Fundamental Rights in Constitution of India
Article 32 Remedies for enforcement of rights
Directive Principles of State Policy
Executive, Judiciary, President, VP
Extent of Powers of Union, Supreme Court etc
State Judiciary, High Court, Lower Courts
Parliament, Council of states, house of people
Introduction and passing bills, budget etc
State Legislature, Composition, duration
Bills, Money Bill, Finance Bill, Proceedings
Emergency - National, State, Financial
EC, PSC, Finance, NCSC, NCST, NCBC
Non Constitutional Bodies, Niti ayog, NHRC etc
Panchayat, Municipality, Cooperative Societies
Important amendments to the Constitution
PIL - Public Interest Litigation, Judicial Review
Doctrine of Basic Structure in Constitution
Constitution of India Schedules and Provisions
Criminal Laws
Theft, Extortion, Robbery, Cheating etc
Tress Pass, Negligence, Nuisance, Defamation
Liability - Vicarious, Strict, Absolute Liability
Crime, Stages, Elements, General Exceptions
IPC Chapter, Provisions and Sections
Crime, origin, Elements, Stages Exceptions
Indian Penal Code Sections and Description
Other Laws, International bodies etc
Law of Torts - Civil Tort, Criminal Tort
Contract Essentials valid, void, voidable
United Nations, UNGA, UNSC, ICJ, UN ECOSOC