Ubi jus ibi remedium 1.

There is no wrong without a remedy

2. When there is a right there is a remedy

Injuria sine damno Violation of a legal right without damage

Ashby v. white-
qualified voter in
parliamentary
election
Damnum sine injuria Damage without infringement of legal right
Gloucestor grammar
school case
salmond Tort is a civil wrong for which rfemedy is a
common law action for unliquidated
damages…..
Salus populi suprema The welfare of the people is the supreme law
lex
Volenti non fit injuria The plaintiff knowing the risk agrees to
suffer the harm.
Act as defence has been restictred
 Defence cases
 Unfair contract term act 1977
Novus actus Remoteness of damages
interveniens
Strict liability Rylands v fletcher- Blackburn j. (Absolute
liability)- P.N BHAGWATI C.J
Plaintiffs coal mines were flooded because of
reservoir constructed of defendant’s
independent contractor.
Exceptions:
 Volenti non fit injuria
 Vis major
 Statutory authority
Respondeat superior The principal is liable for the agents’s act
Inevitable accident Stanley v powel
Quit facit per alium He who does an act through others is deemed
facit pe se in law to do it himself.
Vicarious liability
Res ispa loquitor The things speak for itself
Infers negligence from the very nature of
accident or injury in absence of direct
evidence on how any defendant behaved
Burden of disproving negligence on part of
defendant
Is used for the purpose of fixation of liability
based on strict liability
Dispences with taking evidence
**Mostly favours defendant
DOES NOT APPLY
1.when 2 inferences are possible
2.damage isn’t the exclusive control of the
defendant

Donoughe v stevenson Liablity for negligence

Habeas corpus Remedy of false imprisonment
m.c Mehta v union of (Absolute liability)- P.N BHAGWATI C.J
india Subject to same exceptions as vicarious
liability
Mayor of Bradford motive
v.pickles
Vicarious liablity State of rajsthan v vidyawati
Smith v baker Scienti non fit injuria
defamation Burden of proof on plaintiff
Defence to defamation is taken it is on the
defendant
Not necessary to prove the actual loss of
reputation
Limtitation act 1963 Torts defined here
2(m) a civil wrong which isn’t exclusively a
breach of contract or breach of trust
winfiled Nuisance as a tort is unlawful interference
with a person’s use or enjoyment…..
Innuendo Words which are not defamatory in
ordinary sense but may become defamtory
Absolute privileges Proceedings in parliament and state
legislature and court martial proceedings
Composite negligence Negligence of two or more perons results in
same damage
libel Actionable per se as it is of itself an
infringement of right
It is both civil and criminal wrong
slander Actionable only on proof of special damage
Merely a civil wrong except in certain cases
Last opportunity rule When 2 persons are negligent and 1 of them
had the later chance of avoiding the accident
by taking ordinary care is liable for the
loss.
Is a modification of contributory nrgligence