case summaries, sample legal arguments, and common defenses for Negligence, Nuisance, and Defamation

 

case summaries, sample legal arguments, and common defenses for Negligence, Nuisance, and Defamation. Let’s start with a concise, useful package for each:

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1. Negligence

Key Landmark Cases

• Donoghue v. Stevenson (1932)
  Established the “neighbour principle” and modern duty of care in negligence.

• Kasturilal Ralia Ram v. State of Uttar Pradesh (1965)
  Government liable for negligence causing injury.

• Ratanlal & Dhirajlal case references are often used for principles of negligence.

Sample Legal Argument (Negligence)

Your Honour, the defendant owed a duty of care to the plaintiff, which was breached by failing to act as a reasonable person would under the circumstances. This breach directly caused the injury suffered by the plaintiff. Therefore, the defendant is liable in negligence and the plaintiff is entitled to compensation.

Common Defenses

• Contributory negligence: Plaintiff partly responsible for their injury.

• Volenti non fit injuria: Plaintiff consented to the risk.

• Inevitable accident: The harm could not have been prevented.

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2. Nuisance

Key Landmark Cases

• St. Helen’s Smelting Co. v. Tipping (1865)
  Established nuisance involving physical damage to property.

• M.C. Chockalingam v. Union of India (1957)
  Public nuisance by government authority.

Sample Legal Argument (Nuisance)

The defendant’s continuous and unreasonable interference with the plaintiff’s use and enjoyment of their land constitutes a private nuisance. The plaintiff has suffered actual damage, entitling them to injunctive relief and compensation.

Common Defenses

• Prescription: Long-standing use of nuisance without complaint.

• Statutory authority: Act authorized by law.

• Coming to nuisance: Plaintiff moved to the nuisance.

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3. Defamation

Key Landmark Cases

• Subramanian Swamy v. Union of India (2016)
  Clarified defamation law under Indian Penal Code.

• Rajagopal v. State of Tamil Nadu (1994)
  Emphasized the right to privacy and defamation balance.

Sample Legal Argument (Defamation)

The defendant published false statements harming the plaintiff’s reputation without lawful justification. The plaintiff suffered injury to reputation, entitling them to damages and a public apology.

Common Defenses

• Truth (Justification): Statement is true.

• Absolute privilege: Statements in parliament, courts.

• Qualified privilege: Fair reporting or duty to inform.

• Fair comment: Honest opinion on matters of public interest.