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...
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 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...
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...
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...
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...
The Latin legal maxim, Causa Proxima Non Remota Spectatur, translates to "the immediate, not the remote, cause is to be considered." This fundamental principle is crucial in determini...
The distinction between remote and proximate damages is fundamental to tort law, particularly in cases of negligence, contract breaches, and other civil wrongs. These terms define the causal re...
As we all know that Tort is a civil wrong which affects the personal rights which leads to legal injury and redress by unliquidated damages. We can see that our topic is concerned with the medi...
With the developing World, healthcare as a sector is also growing and along with that the cases related to the Medical Negligence are also growing. To safeguard the patients or the consumers fr...