Caledonian Railway Company
Inevitable accidents and the law of God, as a defense in tort
INTRODUCTION
The law of responsibility is a concept that has evolved through the ages. This dynamic evolution over tort has been hard for many principles in tort may be required. At the same time, some other principles are used to fight against these claims. These counterclaims, or defenses are used to evict the innocent citizens of the responsibility tort have been unfairly blamed for claims that are imposed. These defenses have been made from time to time to monitor the foundation even the imposition of tort liability on a person to say, create a sense of deterrence while maintaining our core values justice. Defenses of crime are many: namely, the necessity, force majeure / Force Majeure / Act of God, unavoidable accidents, acts of misconduct Applicant's Act, third Volenti non fit injuria and much more. Make two of these defenses, namely God / force majeure and unavoidable accidents in the context of speculation this article examines its evolution and current scope.
MEANING AND INTERPRETATION
An unavoidable accident or "fortuitous" is one that could not possibly be prevented by exercise ordinary care, prudence and competence. It does not apply to anything that either party could have avoided. unavoidable accident was defined by Sir Frederick Pollock as an accident
"No avoidable by any precautions as a reasonable man do such an act, so there could expected to take. "
This does not mean a catastrophe that could not be avoided by any care whatsoever, but would not have been avoided by a reasonable man when it occurred, and it is common knowledge that a man reasonable are not credited by law, the perfection of the trial. As observed by Mr. Greene, an accident is "one outside the ordinary course things, something so rare not to be sought by a person of ordinary prudence. "All the causes of the accident unavoidable can be divided into 2 classes: [1]
- Those are caused by the elemental forces of nature unrelated to human agency or any other cause
- Those who have their origin either in whole or in part to the Agency of man, whether in acts of commission or omission, inaction, or any other causes beyond the agency of natural forces. The term "God's law is applicable to first class.
An accident is said to be "inevitable" not only when caused by force majeure or Act of God but also when all reasonable precautions have been taken, and the accident took place anyway. That no liability in such cases seems one aspect of the proposal that the responsibility must be based on fault. Act of God or force emergency or force majeure may be defined as circumstances that can not provide any human foresight cons human prudence is not required to recognize the possibility, and when they occur, therefore, are calamities that do not involve the obligation to pay for the consequences [2]. God understands the consequences that are caused by the elemental force of nature without bond with the Agency of man. Common examples are down a tree, lightning, tornado or flood. The essential conditions of this defense are:
- The event causing the damage was the result of natural forces without any intervention by the agency rights.
- The event was such that the possibility of such an event could be recognized using a carefully reasonable and [prospective 3].
U.S. case law defines acts of God as:
An event can be considered as an act of God when it is caused exclusively by the violence of nature. Although the courts have formulated different definitions of an act of God, the heart of the definition is usually an act of nature which is the sole proximate cause of the event for which liability is sought to [disavowed 4].
God's law as a defense arises only when the exhaust is caused by natural causes without any intervention human, in circumstances that human foresight can provide against and of human prudence is not bound to recognize the possibility [5].
ORIGIN AND EVOLUTION OF THE HISTORICAL EXEMPTIONS
INEVITABLE ACCIDENT
In the case before the nineteenth century, the defense of inevitable accident used mainly in the relevant actions for trespass when the old rule was that although contact has been flawless trespassery action, unless the defendant could show that the accident was unavoidable. It was thought to long as the burden of proof to encroach on the individual responsibility of the defendant and that the intrusion, therefore, offer space the defense of unavoidable accident, but it was felt that here too, the burden is with the applicant [6]. In violation of property and in negligence, therefore, an unavoidable accident, has no place. In these cases, an unavoidable accident is not relevant because the burden rests on the plaintiff to prove the defendant's negligence, but it does not follow that it is more relevant if the applicant does not have this obligation. The design of inevitability can be seen most clearly in Whitelock v. Wherwell [7], where Horse bolting 1398. The complaint was Whitelock unusual because the plaintiff, rather than simply recite that the defendant had struck with a force and arms, has also alleged that the defendant had "controlled the horse so carelessly and recklessly" he knocked him down. The defendant admitted that the horse had overthrown the plaintiff, but argued that the collapse of the plaintiff was "against the will" the defendant. The defendant further explained that he had rented the horse without notice of its bad habits, he fled with him when he entered it, and he "could in no way stop the horse," although he "uses all his strength and power to control . It was a way of inevitable accident in a case of latent defect (the horse is a sieve). The collision may be inevitable, but was inevitable due to the negligence of the defendant and was therefore not considered an accident.
First explicit statement that the defendant can escape liability for trespass, if the accident was inevitable happens in Weaver v. Ward [8], decided in 1616. The category "unavoidable accident" was heard in its creation, as opposed to the defense of "accident" or "misfortune", which was available in crime, but not in the intrusion, and that was a real defense of non-negligence. The defendant in Weaver accidentally shot the plaintiff when his gun discharged while their company of soldiers fought with another gang. The defendant pleaded that he "accidentally and by misfortune and against his will, in the exercise of his gun, injured and injured the plaintiff, which is hurting even the intrusion of which the plaintiff complains. "Concretely, this was an exception accident. The plaintiff hesitated, and the Court held by the defendant is poor. In trespass, the plaintiff need only allege that the defendant had trouble with the force of arms rather than negligently harmed. In the case of shares, however, allegations of negligence seems to have always been required [9].
In cases involving property damage in heavy weather, where there was generally a presumption of fault against the moving ship and the shipowner's efforts to rebut the responsibility to take the form unavoidable accident. The defense was unavoidable accident generally invoked when a ship caught in storm force, was drawn against another vessel or vessels, or against a stable structure [10]. If property damage is also involved in the destruction by fire. In Tucker v. Smith [11] (1359), the defendant simply says that his house "caught fire, unfortunately, and was burned when the fire is being blown by the wind to the plaintiff] [house "Burned" by bad luck. "It may be just as impossible to stop a regular wind spread the fire like a storm. The applicant therefore elected to initiate discussion on how the fire started, rather than how it spread. His IPL argued that the defendants burned the house "of their own fault and their fault" and denied that he "was burned by the bad luck."
In Ellis v. Angwyn [12] (1390), the defendant argued that unknown to him and against his will, a fire broke Suddenly, unfortunately, "in his house, and was transmitted by a" great gale "in the houses of the plaintiff. The plea is silent on what the defendant to prevent the fire from occurring or spreading. The law of God has been incorporated (but not under that name) in an average accident to show that the damage was pre inevitable.The nineteenth century case that deals directly with the accident must inevitably be invoked is Gibbons Pepper v. [13]. The defendant argued that his horse became frightened and "fled with him so that he could not stop the horse, the applicant has ignored his warning to take care, and the horse, then passed over the plaintiff "against the will of the defendant." Essentially It was a plea of unavoidable accident. Gibbons holds and unavoidable accidents should be raised by the question General pleading where the nature of substance of the plea is equivalent to a complete negation of causal responsibility. The court has the Gibbons horse "runaway" on an equal footing with the hypothetical case of a hand with B to C the strike, and treated both as a refusal.
In Mitchell [v. Allestry 14] (1676), the plaintiff was crushed by two wild horses defendants have been breaking in a public square. The plaintiff brought an action first by arguing that the defendants' negligence had allowed "the horses running on it. But at the first trial "evidence of negligence" went against the plaintiff, and she was dismissed. She then introduced a second trial, in which, as counsel for the defendant said, "his own statement apologizing" the defendants of this neglect, "" because he said "because of their ferocity they could not govern but they run on it. "The first trial failed because the evidence given, that the plaintiff did not contest the defendants' earlier decision to break horses in a public place, showed that the injury was both accidental and unavoidable. The court (Hale, BC) emphasized, however, that the plaintiff could sue again on a different theory. It therefore illustrates how some decisions on care has been governed by accident, while others have also been governed by the inevitable. In Nitro Glycerine [15] cases, the defendants, a firm of carriers, has received a wooden crate to be transported to its destination and its contents have not been disclosed. It was found that the contents are leaking. The case was taken to the office of the accused, they had hired the plaintiff and the defendants proceeded to open the case for a review, but nitroglycerin was present had exploded. All those present were killed and the building was severely damaged. The defendants were held not responding not "in the absence of reasonable suspicion, the contents of the package they offered for transportation" and that they were "without these knowledge, in fact and without negligence. "
In the case of Holmes v. Mather [16], the defendant horses all being driven by his servant on a public road ran from the bark of a dog and became unmanageable that the servant could not stop, but could, to some extent to guide them. While trying to turn a corner safely, they were struck and injured by the applicant on the road. It was found that the action was not admissible because the servant had done his best under the circumstances. In the case of Fardon v Harcourt – Rivington [17] the defendant parked his car in a street fair and left his dog inside. The dog has always been quiet and docile. As the plaintiff passed the car, the dog began to jump about the car, a broken glass panel, and a splinter entered into eye left the plaintiff, who had to be removed. Sir Frederick Pollock said: "People need to guard against reasonable probabilities, but they are not required to guard against fantastic possibilities [18] "In the absence of negligence, the plaintiff can recover damages. In the case of Brown v. Kendall [19], the plaintiff and the defendants were fighting dogs. The defendant was hitting the dogs to prevent them from fighting while the plaintiff was at a distance watching. Accidentally, the stick struck and injured the eyes of plaintiff. In an action for damages it was held that the defendant is not liable because the damage is the result of a pure accident and not the defendant's negligence.
The use of an unavoidable accident in the early actions inevitably interpreted as unfeasible. In the present scenario, to speak of inevitable accident as a defense, therefore, is to say that there are Where a defendant to escape liability if he can prove that the accident occurred despite the use of a reasonable care on his part, but also to say that there are cases where the burden of proving that is placed on it. In an ordinary action for negligence, for example, it is for the plaintiff to prove the absence of the accused to care, not for the defendant to prove otherwise, and the defense of accident is inevitable and irrelevant it is equally relevant in another category of cases where the burden of proving the defendant's negligence is imposed on the applicant. Nor is the different position in a case of res ipsa loquitor, that only raises a prima facie case [20].
STRICT LIABILITY – Rule in Rylands v. Fletcher
The doctrine of responsibility objective has been widely extended to activities considered abnormally dangerous or ultra-hazardous. We essentially adopt Rylands v. Fletcher [21] by imposing liability for ultra hazardous activities. These activities necessarily involve a risk of serious harm to others, can be eliminated by the exercise of utmost care, and are not a matter of common usage. In theory, strict liability does not depend on factors such as intent, recklessness, knowledge, negligence, culpability, or any other degree of guilt. Nor is does not depend on the diligence that the defendant did not exercise or exercise. Instead, liability is based simply on risk incurred. The Judgement of Lord Blackburn, approved by the House of Lords in the celebrated case of Rylands v. Fletcher [22] himself acknowledged that the liability is not absolute, being subject to certain exceptions. Lord Blackburn in passing, said:
"[Defendant] be excused by showing that the leak was due to a failure of the applicant, or perhaps that the escape was the result of force majeure, or Act of God. "
Therefore, he made it a part of the rule. If an animal has caused some form of injury and the injured party aims to continue the custodian of the animal to compensate for this injury, it seems that the fact that the animal acted as he did because of the act malice from abroad or a law of God does not present a defense to the plaintiff's claim. Therefore, the responsibility any holder of a dangerous animal is larger than the potential of the guard of an inanimate dangerous [23]. unavoidable accident, in any form is not a defense of strict liability. As in Rylands v. Fletcher, the defendant is liable despite that it took reasonable care, he can use it to prove anything inevitable accident and the same thing in cases where liability nuisance is strict [24]. It seems that the design of the accident was inevitable ay more useful function and it is doubtful that much advantage is acquired by the continued use of the phrase, which seems to have abandoned any way use. In addition, unavoidable accidents, in any form is not a defense to a claim based on the rule of strict liability laid down in MC Mehta v. Union of India [25] which is not subject to any exception.
Force major
Act of God, which is defined as being such a direct, violent, Act sudden and irresistible nature that could any amount of capacity, have been foreseen or if foreseen, could any amount of care and skill have been resisted [26]. Since time immemorial, we have witnessed a parade of natural disasters of biblical proportions apparently: earthquakes, floods, hurricanes, tornadoes, fires, drought and a deadly tsunami. Lives are lost, property destroyed or damaged, and emotions when one of these forces tragic nature of a strike. The severity of the blow of nature can be a shock and total surprise for both the direct victims of the disaster and, subsequently, tort feasors accused. The following is a rush of many disputes, especially in highly contested as the United States America. The defendants are quick to claim God as an act of defense to such prosecution. For three centuries, the act of God defense was accepted in the negligence and strict liability. As a legal concept, an act of God is manifest not only as a defense, but also in discussions of duty and causation. At first glance, the act of God defense seems to be a concept simple and direct forward with few nuances or subtleties. Consequently, too often, many lawyers have abused the expression "act of God" to mean any act unfortunate nature. Force majeure means a defense must be the proximate cause, the causa causans, and not merely the causa sine quo non of the alleged damage [27]. The mere fact that the main Screw co existed with or followed by the negligence of accelerating damage is not an adequate defense. Before an act of God can be accepted as an excuse, the defendant himself must have done all that is required to do so. In a review of the sixteenth century, in case Shelly best known for the famous property law doctrine of the rule in Shelley's case [28], the Court wrote in terms of performance becomes impossible by an act of God, which was the death of one of the parties. The court stated:
"It would be unreasonable to think that things which are inevitable by the law of God, who can not avoid the industry, or prevention policy must be interpreted to the detriment of person in whom there was no lack of diligence.
No further explanation of the phrase "Act of God", was provided by the Court. The sentence reappeared in the case of Coggs v. Bernard in 1702 [29], who invoked the responsibility of a bailment by a carrier. J. Powell was of the opinion that the trustee is a response accidents, as if the objects were stolen, but no such accidents and casualties that is by the act of God, fire, storm to the trustee is not bound by any undertaking against the act of God. The act of God defense expanded by carriers in other areas of strict liability. The court later extended its activities defense of God to cases of negligence. The act of God defense has been important in the decisions interpreting the responsibility of the union common carriers, who have been treated as insurers of the goods they carried. Since strict liability applied to insurers, the Act of God defense existed to improve a passive way too drastic. In the case of Morse v. transfer [30], Judge Hale said the captain is not payable in the case of pirates, storms, etc., but where there is negligence in him that is. "Morse involved a ship lying in the Thames, which was boarded by robbers who took the plaintiff's goods from the vessel.
In 1785, Lord Mansfield made a unanimous opinion in the future v. Pittard [31], which involved an accidental fire, which the carrier is not at fault. The Court has clearly established a regime of strict liability for common carriers: It appears from all cases for 100 years back, there are events for which the carrier is responsible for its independent contract. Again, in the future, the English courts limited the Defence Act God by excluding acts of man. In addition, the burden of proof was shifted from the plaintiff to the defendant to establish the existence the act of God defense. Although the courts subsequently divided on the question of liability of public transport whose delay subject to damage his goods caused by an act of God, there was a consensus that the responsibility that would result if the carrier knew that the force of nature is to come. In the case of 1875 Nichols v. Marsland [32], the defendant had a series of artificial lakes on their land in the construction and maintenance of which there had been no negligence. Because of unusual rainfall, great as it could not reasonably predictable, the tanks burst carrying away four bridges country. The appellate court held that the act of God is a defense if the tank fails. In the subsequent case of Smith v. Fletcher, Baron Bramwell monitoring responsibility Rylands strictly required, but rejected the defense act of God, even if the flood was extraordinary, and they could not predict the pattern it does not affect their legal responsibility. Greenock Corp.. Caledonian Railway Co v. [33], contrasts with Nichols. The House of Lords cirticised the request of the defense in the Nichols v. Marsh, and four of their lordships cast doubt on the finding of facts by the jury in this case In this case, the Company has obstructed and changed the course of a stream by building a pool for children. Because of the extraordinary rainfall violence that would otherwise be swept away overflowed and caused damage property of the plaintiff. It was found that the rain was not an act of God. The House of Lords ruling in Rylands monitoring that the person who performs a collection and containment of water from a stream must therefore work to make the owners or occupiers at a lower level of protection against injuries they would have been if nature was not disturbed. Nichols has also been distinguished on two bases: the escape in Nichols was a shell not a natural stream, and a jury in Nichols is the flood is due to an act of God. There was "no negligence in the construction or maintenance of reservoirs, and" the flood was so great that it could not reasonably have been expected.
Smilar Corp. in Greenock. Nitro – Phosphate & Odam Monroe Chemical Co. v. London & St. Katherine Docks Co. [34], where an extraordinary high tide could well have made an act of God, but that the defendant was negligent because he always built a dock sufficiently high. As Lord Justice James said in Nugent v. Smith [35], the accident must be due to natural causes, directly and exclusively, and he could not have been prevented by the amount of foresight and pains and care reasonably expected of him. "
In the case of Blyth v. Birmingham Water Works Co [36] The defendants had water pipes that were reasonably built strong enough to withstand severe frost. There was a very severe frost this year the pipes burst and cause serious damage property to the plaintiff. It was found that the gel but is a natural phenomenon, the unexpected appearance of a gel can be serious attributed to an act of God, and thus relieve the defendants from liability. In the case of Indians v. Ramalinga Nadar Narayana Reddiar [37] the plaintiff had reserved products with the defendant for transportation. The property was looted by a mob, which prevention was beyond the control of the defendant. It was decided that each event beyond the control of the defendant can not that act of God. It was found that the destructive acts of a mob can not be considered an act of God.
If J & J Makin Ltd. A v London and North Eastern Railway Co. [38], the responsibility of the damages were imposed on the defendants, even if the damage was caused by an act of God. The defendants were the owners of a canal running through a valley at the top of a high embankment. Following a violent storm the embankment collapsed and a large quantity of water escaped from the stream channel below and was transported to the mill where the applicant has been filed at the same time a large number of stones. The plaintiffs in damages said that the law imposes an absolute liability regardless of negligence.
ACT OF GOD AND NEGLECT
Act of God, law is an accident caused by the operation of extraordinary physical strength. The effect of the ordinary natural causes (for example, that the rain will spread through a defective roof) may be foreseen and avoided by the exercise of human care, failing to take precautions is negligence. Negligence in law, civil law in particular, is a breach of an obligation (Duty) to act with care, or inability to act as a reasonable and prudent person in similar circumstances. Both defenses are based on reasonable foreseeability. In terms of predictability, the issue is not whether a similar event has occurred before, but if the risk that this particular mishap may occur is predictable. Thus, flood, earthquake, hurricane or other forces of nature must not have already hit a particular location negligence to exist. Liability may still exist if reasonable design, construction, operation, inspection or maintenance.
For a plaintiff to recover damages, the action or failure must be the "proximate cause" injury, and actual loss must occur. In case of joint causation, where both human negligence and act of God have a role to play, factor sine qua non-traditional ("but for"), important, or test of legal causation apply. If the act of God is so overwhelming its own independent force produces harm the defendant's negligence, the defendant will not be responsible. If damages are incurred only due to natural causes without any known fault, there is no liability because of the Law of God. There are two ways to approach this situation. The law of God supersedes the negligence of either defendant or negligence of the defendant is not a cause in fact of the injury. In both cases, the party Act defendant did not cause the damage, since the injury would have occurred anyway. The injured party in the accident may be entitled to damages. An act of God, however, is so extraordinary and devoid of human body due diligence would not avoid the consequences, where the injured party is not entitled to damages. Accidents caused by tornadoes, perils of the sea, flood exceptional and severe ice storms are usually considered as acts of God, but fires are not considered as such if they are caused by lightning.
POSITION DAYS defenses
The relationship between these two defenses is somewhat ambiguous. On the basis of logic and definition, these two defenses are very similar in nature. Indeed, by definition, Screws Major / Force Majeure is considered as a kind of unavoidable accident. However, a careful study of their development process lead to results subscribing to the contrary. Both defenses are two distinct forms of escape tort. They are, in practice referred to as two separate defenses instead of being a subset of the other. The very term of "inevitable accident" is used for incidents where accidents occur by chance, in the absence of any form of negligence or error human. Meanwhile, Force Majeure is specifically limited to unexpected and serious acts of nature, leading to a particular harm. A similarity these two defenses is that the reasons are canceled if the negligence of the accused is proved. An unavoidable accident is an event which occurs not only without the concurrence of the will of man, but despite all efforts on his part to prevent it. This means, an unavoidable accident something physical that can be prevented by the skill of the man or foresight. However, in the absence of negligence, God seems to be a more valid claim. After the result of a natural disaster and drastic serious force majeure easily a larger area. From a philosophical standpoint, it is a principle that makes God the defendant making the accident really out of control human. In upsets, liability may be imposed on a party who has not been negligent because of the risk involved in the activity they were made. A glaring example of this is the non-applicability of "inevitable accident" as a defense in liability cases objective, as opposed to the application of "Act of God". It can be observed in the case of Indians In Patras Krishna v. State Orissa Electricity Board [39] where it was held that Inevitable accident is not a valid defense in a case of accidental death electrocution. As the transmission of electricity was a dangerous activity, the principle of strict liability has been applied in this case. The Court further observed:
…… We believe that the company is engaged in a hazardous area or dangerous in itself constitutes a potential threat to health and safety of persons working in the factory and residing in the surrounding areas owes an absolute duty and transferable to the community to "ensure that no harm results to anyone because of the inherently dangerous or hazardous activity And now it ……" "…… We would therefore conclude that when the company is engaged in a hazardous or inherently dangerous and results hurt anyone because of an accident in the operation of a hazardous or inherently dangerous activity as resulting For example, in the escape of toxic gas from the company is strictly and absolutely liable to compensate all those affected by the accident and responsibility is not subject to any exceptions which operate vis-à-vis the principles of strict liability in tort under the rule in Rylands v. Fletcher.
Thus, the means of inevitable accident has, in cases of this type almost lost its usefulness. The scope of Inevitable Accident as a defense has decreased majorly. On the plea of inevitable accident now substantially lost its usefulness [40]. Since the principle of strict liability applies even in the absence of negligence on the part the defendant, an unavoidable accident in the absence of a natural disaster does not hold any scope as a defense. With growth of scientific knowledge, the number of accidents that can be described as "inevitable" is fast dimishing. However, things are somewhat different for the inevitable accidents that involve the intervention of nature.
Force majeure, as a means of defense depends on two things: lack of predictability and lack of control. If two criteria is missing, the defense fails. All Both were solidly based for centuries on the lack of scientific knowledge. The man, not only lacked the ability to predict the forces of nature but also the ability to protect against, control, or minimize their impacts. In the words of the ancient writer Publilius mime "It is futile to seek a defense against lightning. Today, predictability is based not only on the past, but also on what the modern technology and science allow us to project into the future. Science has progressed to the point where we can understand many forces of nature, such as rainfall and flooding. Historically, we know which areas have been subjected to specific forces of nature. Scientifically, we can predict areas that can be subjected to these forces. At first glance, the act of God defense must continue to play a role in cases of strict liability. Part of the underlying purpose of the Act respecting the doctrine of God has been to improve strict liability. In a number of strict liability Exceptions have changed. Whether a particular case amounts to an act of God is a matter of fact, but the scope of this defense is somewhat limited. Improved knowledge seems to limit the unpredictable. Natural disasters are no longer a mystery to us. Therefore, the applicability Act of God defense has declined in inverse proportion to expanding notions of foreseeability. Conversely, environmental changes across world have left a certain margin of force majeure as a defense. unforeseen disasters like the 2005 July 26, floods in Mumbai or devastating tsunami of December 26, 2004, which was the result of a severe earthquake with an epicenter in Indonesia can still be attributed to acts of God. These disasters were completely unexpected and a priori any suggestion on the same would not have contributed the situation under control. This natural disaster has left some latitude for the use of God's law as a defense.
[1] and Ratanlal Dhirajlal, Law of Torts, (Wadhwa, Nagpur, Ed 24., 2002): Margaret Brazier and John Murphy, Street on Torts (Butterworths, Dublin Edinburgh London, 10th ed., 1999)
2] Greencock Corporation [v. Railway Co. Caleodonian. (1917) AC 556
[3] N. Shukla, The Law of Torts, (Central Agency of law, Allahbad, 16 Ed 1998)
Cases [4] U.S. Edition
[5] Margaret Brazier and John Murphy, Street on Torts (Butterworths, London, Dublin, Edinburgh, 10th ed., 1999)
[6] Fowler v. Lanning (1959) 1 All ER 290
[7] 43 Emory LJ 575, Pg (610)
[8] Hob. 134, 80 Eng. Rep. 284 (KB 1616). FC 43 Emory LJ 575, Pg (591)
[9] 43 Emory LJ 575, Pg (590)
[10] Clerk and Lindsell, Clerk & Lindsell on Torts (Sweet & Maxwell, London, 17th ed., 1999)
[11] 43 Emory LJ 575, Pg (611)
[12] 43 Emory LJ 575, Pg (611)
[13] 43 Emory LJ 575, Pg (635)
[14] 43 Emory LJ 575, Pg (641)
[15] (1872) 15 524 Wallace
[16] (1875) LR 10 261 Ex, 267
[17] (1932) 146 LT 391 (392)
[18] by Lord DUNEDIN Fardon v. Harcourt – Rivington (1932) 146 LT 391 (392)
[19] (1859) 6 292 Cussing
[20] Clerk and Lindsell, Clerk & Lindsell on Torts (Sweet & Maxwell, London, Ed 17., 1999)
[21] (1868) LR 3 HL 330
[22] Supra
[23] Clerk and Lindsell, Clerk & Lindsell on Torts, (Sweet & Maxwell, London, 17th ed., 1999)
24] Margaret Brazier [and John Murphy, Street on Torts (Butterworths, Dublin, Edinburgh, London, 10th ed., 1999)
[25] (1987) 1 395 CCS
[26] Nugent v. Smith Infra 21 Vithaldas v. Commissionar City of Bombay (1902) Bom LR 4 914
[27] Worthington v. Cash Store Slater (1941) 1 488 KB
[28] deals with the rule remains in the transfer of real property by deed
[29] 92 Eng.Rep 107 (1703).
[30] Raym. 220. 1 aerator. 190, 238
[31] (1785) 1 TR 27
[32] (1875) LR 10 Ex 255
[33] (1917) AC 556 (HL)
[34] (1878) 9 CH D 5
[35] (1876) 1 CPD 423435
[36] (1856) H Example 781
[37] AIR 1971 Kerala 197
[38] 1 All ER 362
[39] AIR 1997 Orissa 109
[40] Winfield and Jolowicz, Tort, 18th edition, p.718
About the Author
Student, National Law University, Jodhpur, India
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