What is estoppel in evidence?
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What is estoppel in evidence?
Section 115 of the Indian Evidence Act, 1872 incorporates the meaning of estoppel as when one person either by his act or omission, or by declaration, has made another person believe something to be true and persuaded that person to act upon it, then in no case can he or his representative deny the truth of that thing …
What is principle of res judicata?
The principle of res judicata seeks to promote the fair administration of justice and honesty and to prevent the law from abuse. The principle of res judicata applies when a litigant attempts to file a subsequent lawsuit on the same matter, after having received a judgment in a previous case involving the same parties.
Is agent liable for acts of principal?
A person is always liable for her own torts, so an agent who commits a tort is liable; if the tort was in the scope of employment the principal is liable too. An agent is not generally liable for contracts made; the principal is liable.
What is the theory of respondeat superior?
A legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.
What are the four elements of a tort?
Torts are made up of four individual elements, all of which must be in place for a tort to exist….The Four Elements
- The presence of a duty.
- The breach of a duty.
- An injury.
- The injury resulted from the breach.
What is the principle of vicarious liability respondeat superior?
The Doctrine of Respondeat Superior One type of vicarious liability is respondeat superior, which means “let the master answer.”When respondeat superior applies, an employer will be liable for an employee’s negligent actions or omissions that occur during the course and scope of the employee’s employment.
Which defines the concept of respondeat superior quizlet?
Respondeat Superior. This is a form of vicarious liability meaning that one party is held liable for the tortious conduct of another. RT Agency – Reliance Upon Servant.
What is required to create an agency relationship?
All that is required to create an agency relationship is the manifestation of assent by both sides. This manifestation can be oral or in writing. Examples of written agency agreements include attorney retainer agreements. Agency relationships can also arise from circumstances even without explicit agreement.
What does res ipsa loquitur mean quizlet?
Res Ipsa loquitur – Definition. -Literal, Latin translation: “the thing speaks for itself” -The mere fact of an injury occurring is prima facie case of negligence. Thus, the accident speaks negligence at least in some cases.
What are the three main duties owed to the principal by the agent?
An agent’s primary duties are:
- act on behalf of and be subject to the control of the principal;
- act within the scope of authority or power delegated by the principal;
- discharge his/her duties with appropriate care and diligence; and.
