Legal Principles and Doctrines

Volenti non fit injuria (voluntary assumption of risk) has key limitations. In rescue cases, a rescuer who intervenes to help someone who voluntarily took a risk cannot be volenti-barred from suing. Similarly, statutory authority provides a complete defense and overrides volenti. Both are recognized exceptions to the doctrine.

The jural correlative of a right is a duty. In legal theory, every right corresponds to a duty owed by someone else. For instance, if you have a right to property, others have a duty not to interfere with it. This fundamental concept underpins the entire structure of legal rights and obligations in jurisprudence.

A tort can violate either a right in personam (personal right) or a right in rem (right against the world). For example, trespass to land violates a right in rem, while defamation violates a right in personam. The key distinction is that rights in rem are available against the world at large, while rights in personam are enforceable only against specific individuals.

Quo warranto is the specific writ issued by the courts to prevent illegal usurpation of a public office. It literally means 'by what authority' and challenges the holder to show the legal basis for their claim to the office. Mandamus directs action, Certiorari quashes illegal orders, and Prohibition prevents lower courts from exceeding jurisdiction.

Res Ipsa Loquitur is a Latin maxim meaning 'the thing speaks for itself.' It is a doctrine in tort law where negligence can be inferred from the very nature of the accident or injury, without needing direct evidence of the defendant's breach of duty. It applies when the accident would not normally occur without negligence.

The doctrine of colourable legislation states that what cannot be done directly cannot be done indirectly. It prevents legislatures from achieving a prohibited end by indirect means when the direct means are forbidden. This ensures legislative bodies do not overstep their constitutional authority through clever drafting.

Submitting your report independently (B) maintains professional integrity and ensures the fraud case is evaluated on merits, not influenced by senior's position. Approaching the senior (A) might lead to pressure, sting operations (C) are unauthorized, and seeking co-workers' guidance (D) avoids your responsibility.

Recommending to seniors (C) follows proper hierarchy and allows for institutional response. Resigning (A) is premature, ignoring allegations (B) doesn't address the crisis, and press conference (D) bypasses protocol. Seniors can provide guidance, support, and official response mechanisms.

Right to reputation is a right in rem. A right in rem is available against the world at large. It is called “real right”. 

Per incuriam, literally translated as "through lack of care", refers to a judgment of a court, which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.

The following are the essential elements of a custom:

1. Antiquity
2. Continuance
3. Peaceable enjoyment
4. Matter of right
5. Certainty
6. Consistency
7. Conformity with statute law

Mere silence as to facts does not amount to fraud. There is difference between active concealment and passive concealment. 

For a statement to constitute a fraud, it must not only be made without an honest belief in the facts presented but must be made knowing it to be false or without belief in the truth of the false representation.

“In every statute, mens-rea is to be implied unless the contrary is shown”. This view was expressed in the case of Sheras v. De-Rutzen.

Law of sedition relates to the uttering of seditious words, the publication of seditious libels, and conspiracies to do an act for the furtherance of a seditious intention.