Latest from Torts Law

Doctrine of Waiver in Indian Law: Why Fundamental Rights Cannot Be Waived

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The word "Waiver" means "to give up a thing." According to Doctrine of Waiver, a person who is entitled to any right or privilege can waive off such a privilege. But, this d...

Strict Liability in Law: Rylands v Fletcher and the Duty of Care in Dangerous...

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Strict Liability Lord Atkin's principle: "the ordinary duty of a person to take care either that his animal or his chattel is not put to such a use as is likely to injure his neighbour."...

Causation and Remoteness in Tort Law: The 'But For' Test and Key Case Analyses

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Causation and Remoteness When a breach of duty of care was the cause of damage, a nexus between the two is established. This means, 'but for the breach of duty' damage would not have been ...

Foreseeability in Negligence: Legal Standards, Key Cases, and the Limits of L...

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Negligence occurs when I fail to meet the reasonable standard of care expected in a similar situation. To establish negligence, foreseeability is crucial. Foreseeability assesses how predictable an...

Understanding the Standard of Care in Law: Duty, Breach, and the Reasonable P...

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Standard of care It is an appropriate level of care which a person is reasonably expected to reach the bench mark which is determined on the basis of the standard of a reasonable person. This mean...

Understanding Duty of Care in Negligence Law: Key Cases and Legal Principles

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Following are situations where a duty of care exists: There is no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there...

Negligence: Donoghue v/s Stevenson

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Negligence Carelessness vs Negligence Often, the line between carelessness and negligence becomes blurred, making it difficult to determine whether an act was due to carelessness or w...

Legal Avenues for Redress When Harm is Caused by Another's Fault

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When an individual suffers harm due to the negligence, recklessness, or deliberate actions of another, the legal system offers various avenues for seeking both compensation and justice. These l...

Analysing Sovereign and Non-Sovereign Functions of the State

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The distinction between sovereign and non-sovereign functions is crucial in defining the responsibilities of the state. Sovereign functions are those essential for governance and state survival...

Understanding Liquidated and Unliquidated Damages

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In contract law, when a contract is broken, the wronged party can receive financial compensation, known as damages. These damages are categorized as either liquidated or unliquidated, a key dis...

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