Author: shivenasthana

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PRIVATE DEFENSE BY SHIVEN

Private Defense The word “defence” bears several meanings in the tort context and a great deal of confusion has been spawned of a general failure by courts and commentators to make their intended meaning clear.First, it is sometimes used to refer to any argument that persuades the court to find that the defendant is not […]

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NERVOUS SHOCK BY SHIVEN

Nervous shock In English law, a nervous shock is a psychiatric illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one’s parents or spouse. Although the term “nervous shock” has been […]

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inevitable accident by shiven

Inevitable Accident. In the cases we have just been considering the act by which the damage is caused has been specially authorized. Let us now turn to the class of cases which differ from these in that the act is not specially authorized, but is simply an act which, in itself, a man may lawfully […]

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JUDICIAL REVIEW BY SHIVEN

The judicial power of the Supreme Court emanates from Section 1, Article VIII of the Constitution. It states that, “judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally  demandable, and enforceable and to determine whether or not there has been a grave abuse of discretion […]

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DIFFERENCE BETWEEN TORTS AND CRIME & CONTRACT BY SHIVEN

Distinction between Tort and Crime Tort Crime Tort occurs when the right available to all the persons in general (right in rem) is violated. Crime occurs when the right available to all the persons in general (right in rem) is violated and it also seriously affects the society. Act is comparatively less serious and affects […]

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