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Liability - Vicarious Liability, Strict Liability, Absolute Liability

 

1. Vicarious Liability

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.

 

 

2. Strict Liability

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

 

3. Absolute Liability

M C Mehta Vs Union of India - CJI Bhagwati

Same as strict liability

Except no Defences available.

 

Note for LLB Entrance Examinations

Muslim Law

Muslim Law in brief

Nikah- Muslim Marriage Conditions

Talaq - Muslim Divorce Law

Hindu Law

Hindu Marriage Act in Brief

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

Fundamental Duties

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

Indian Citizenship law

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

List of International Bodies

Treaty, Convention, Protocol, Summit etc..

World Intellectual Property Organization

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