Nuisance : Types , Damages , Defences

Nuisance The word of Nuisance is derived from the French word ‘nuire and the Latin word ‘nocere’, meaning to do hurt or to annoy. According to Salmond -“The wrong of nuisance consists in causing or allowing without lawful justification the escape of any deleterious thing from his land or from elsewhere into land in possession of the plaintiff, e.g, water, […]

Remedies available in an action for Tort

Remedies available in an action for tort Remedies available in an action for Tort Ans. Remedies available to the plaintiff under the law of tort are of two kinds (A) Judicial, and (B) Extra-judicial (A) Judicial Remedies Remedies are said to be judicial when they are granted by the court in a suit filed by the injured party against the […]

Ubi jus ibi remedium

Explain and elucidate the maxim: ‘Ubi jus ibi remedium. Sir Frederick Pollock has remarked that law begins not with authentic general principles but with the enumeration of particular remedies. Closely connected with the topics of damnum and injuria is the maxim ubi jus ibi remedium. This maxim means that where there is legal right, there is legal remedy” or “there […]