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| Ratio Decidendi & Case Authority |
Full Case Details
Principles
- Three ingredients
- There was a legal duty of defendant
- Breach of the duty
- Plaintiff sustained some legal injury
- Tortious liability falls
- Some intentional wrong doing
- Negligence −Negligence is a concept which can not be applied in straight jacket formula .
- Strict liability
- Article 136 of the constitution of India − Special leave
- Res ipsa loquitur − Fact speaks itself
- There is no reasonable proximity between the duty of care and the doctrine of neighborhood laid by the House of Lords in Donoghue v/s. Stevenson [(1932) AC 562].
It is foreseeable or is likely to harm by one’s carelessness is essential.
