cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  March 8  1926

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 8 1926

1926

The chain of causes may have been intervened by the Plaintiff's defLult in the initial stage or at an earlier stage but if the Defendant's negligence can he spotted to be the proximate cause of the accident or if it be clear that the accident would not have been brought about but for the recklessness of the Defendant he becomes liable for the accident. [...] But it does not need any extended discussion to say that the primitive conception was founded in the intention of the wrong-doer and the question upon which the determination of the legal liability turned was whether the Defendant intended or contemplated to bring about the catastrophe. [...] Two things must concur to support the action an obstruction in the road by the fault of the Defendant and no w ant of ordinary care to avoid it on the part of the Plaintiff." It will be obvious from this case that it is not only the legal proximity of causation which will determine the centre of legal liability. [...] Certainty of law is the element to inspire confidence a MI the sooner this phase of the law of torts is classified the better it is in the interests of the administration of justice. [...] It is good to have faith in the dynamics of moral ideas if they lead to just and reasoned efforts on the part of both the ruling and the ruled and we congratulate the author on his interesting qoivilmtimi to the rational consideration of the problem of the proper discharge of the respo79."lxxx THE CALCUTTA WEEKLY NOTES.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 8 1926
lxxiii-lxxx unknown view

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