other statutory dues related to the vessel; (e) claims based on tort arising out of loss or damage caused by the operation of the vessel
breach of an
existing contract is a fundamental requirement for the tort of inducement.
The learned Senior Counsel has relied upon Bullen & Leake ... Furthermore, it is an established position that there is no "tort of
wrongfully inducing a person not to enter into a contract
liability in private law for payment of compensation in an action on tort. It may be mentioned straightaway that award of compensation in a proceeding ... available as a defence in private law in an action based on tort. This is a distinction between the two remedies to be borne
composite and contributory negligence, as dealt with in Winfield and Jolowicz on Tort (Chapter 21) (15th Edition, 1998) and the same is extracted hereunder ... claimant to recover the entire compensation, from one of the joint tort feasors, particularly when, in the accident occurred due to the composite negligence
that the plaintiff has made the claim under the Law of Torts;
(iv) under the Law of Contract, the plaintiff has only sought the
relief ... recorded in writing, there could be no claim under the Law
of Torts.
8. Had the plaintiff acting on the said representations joined the
employment
award of damages/compensation has its roots in the Law of
Torts. This Court has, therefore, consistently taken the view
that remedy of writ ... such
negligence could invite the principle of concept of “Constitu-
tional tort”. That apart, the State Government has specifi-
cally accepted before the National Human
Court of the learned City Civil Judge, Ahmedabad for damages in torts
for an alleged act of negligent firing resulting into the death ... regards negligence
and/or nonjustification for the firing. If the tort feasor who is not
merely a proper party, but a necessary party
situation, petitioner should be relegated to ordinary civil courts to seek
his tort law remedy. The Court, where the infringement of the
fundamental right ... observed that the
public law demand, as distinct from the private law tort remedy, is
that crime victims be given compensation even
entitled to recover the entire compensation from any of the joint tort feasors and as such the legal representative of the deceased including appellant / claimant ... other persons is entitled to sue both or anyone of the joint tort feasors and to recover the entire compensation as liability of joint tort
ordinary process of recovery of damages by
recourse to an action in tort. In the present case,
on the finding reached, it is a clear ... Constitution, in addition to the
private law remedy under the Law of Torts, was
evolved in the last two and half decades