Law Of Torts

Step 1: Understand Volenti non fit injuria.
This Latin maxim means "to a willing person, no injury is done." It applies when someone voluntarily consents to an action that results in harm, and they cannot claim damages.

Step 2: Analyze the cases.
- Vidyawanti v. State of Rajasthan: Relates to voluntary consent and personal injury.
- Padmawati v. Dugganaika: Involves voluntary assumption of risk.
- Ushaben v. Bhagya Laxmi Chitra Mandir: Involves consent to a certain risk leading to injury.
- Balton v. Stone: A case where the principle of voluntary consent applies, meaning no injury occurred.

Step 3: Conclusion.
The correct answer is (A), (B), (C) and (D).

Step 1: Understand defences to nuisance.
- Adverse Possession: This defence applies when the defendant has been in continuous possession of the land for a long time and is generally accepted as a defence in nuisance cases.
- Easementary Rights: The defendant has a right of way or other easementary rights, which are recognised as defences in nuisance actions.
- Good Faith: Good faith can act as a defence in some nuisance cases, especially when the defendant can show that the action was not intended to harm others.
- Voluntary Harm: This is not typically a recognised defence in nuisance cases, as voluntary harm does not excuse the interference.

Step 2: Conclusion.
The correct answer is (A), (B) and (D) only.

Step 1: Review the cases and their corresponding principles.
- Strict Liability was established in Ryland v. Fletcher. - Absolute Liability was set out in M.C. Mehta v. Union of India. - Negligence was discussed in Nicholas v. Marsland. - Act of God was referenced in MCD v. Subhagwanti.

Step 2: Conclusion.
- Correct matching: (A)-(1), (B)-(II), (C)-(III), (D)-(IV).

Step 1: Understand the principle.
- 'Ubi Jus Ibi Remedium' is a Latin maxim that translates to "where there is a right, there is a remedy." This means that every right has a corresponding legal remedy in case of a violation.

Step 2: Conclusion.
- The principle affirms that for every legal right, there is a legal remedy available.

Step 1: Identify the relevant statute.
- The definition of tort is provided in the Code of Civil Procedure, 1908.