Write short notes on the following: (vi) Every continuance of trespass gives rise to a fresh cause of action for trespass. (vii) As far as private defence is concerned, it is not a... Write short notes on the following: (vi) Every continuance of trespass gives rise to a fresh cause of action for trespass. (vii) As far as private defence is concerned, it is not available in tort. (viii) The maxim 'caveat emptor' means buyers beware. (ix) Consumer does not have the right to consumer education under Consumer Protection Act, 1986. (x) Sec 166 of the Motor Vehicle Act, 1988 provides for the Constitution of Claims Tribunals.
Understand the Problem
The question is asking for short notes on various legal concepts related to tort law and consumer protection. It lists specific points that require explanation or elaboration.
Answer
Continuance of trespass allows fresh action, private defence isn't a tort defence, 'caveat emptor' means buyer beware, consumer education isn't listed in the 1986 Act, Sec 166 sets Claims Tribunals.
Here are short notes for each point:
(vi) Continuance of trespass: Each occurrence of trespass creates a new cause of action, allowing the injured party to sue every time the trespass is repeated or continues.
(vii) Private defence in tort: The defence of necessity applies but private defence, unlike criminal law, is not recognized as a valid defence in torts.
(viii) Caveat emptor: This Latin maxim means 'let the buyer beware,' indicating that the buyer alone is responsible for checking the quality and suitability of goods.
(ix) Consumer education under Consumer Protection Act, 1986: The act does not explicitly list consumer education as a right, though it is emphasized in practice by consumer protection bodies.
(x) Sec 166 of the Motor Vehicle Act, 1988: It provides for the setting up of Claims Tribunals for adjudicating upon claims for compensation regarding accidents involving motor vehicles.
Answer for screen readers
Here are short notes for each point:
(vi) Continuance of trespass: Each occurrence of trespass creates a new cause of action, allowing the injured party to sue every time the trespass is repeated or continues.
(vii) Private defence in tort: The defence of necessity applies but private defence, unlike criminal law, is not recognized as a valid defence in torts.
(viii) Caveat emptor: This Latin maxim means 'let the buyer beware,' indicating that the buyer alone is responsible for checking the quality and suitability of goods.
(ix) Consumer education under Consumer Protection Act, 1986: The act does not explicitly list consumer education as a right, though it is emphasized in practice by consumer protection bodies.
(x) Sec 166 of the Motor Vehicle Act, 1988: It provides for the setting up of Claims Tribunals for adjudicating upon claims for compensation regarding accidents involving motor vehicles.
More Information
Trespass is treated uniquely by acknowledging each repeated incidence as a fresh legal issue, giving more leverage to property holders. However, tort law doesn't favor private defence because it relies on peaceful conflict resolution unlike its criminal counterpart.
Tips
It's a mistake to assume a single instance of continuing trespass is forgivable; each instance can be legally actionable.
Sources
- Continuing trespass | Wex | US Law | LII / Legal Information Institute - law.cornell.edu
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