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...

The tension between freedom of speech and defamation represents one of the most complex and contentious issues in modern legal and ethical discourse. In India, the right to freedom of speech an...

Act of God has been a major defence in tort law for more than three and a half centuries now, used to protect defendants who would normally be held liable under "Pacta Sunt Servanda" (agreement...

Scottish litigation Donoghue v. Stevenson (Ginger Beer Case) 1932 is a well-known English case that helped to establish the doctrine of negligence and influenced the law of torts. It is a signi...

The legal doctrine of Damnum Sine Injuria, Or "Damage Without Legal Injury," serves as a cornerstone principle in common law that delineates between mere economic harm and harm that...

The rapid advancement of technology has profoundly transformed various aspects of society, including the legal landscape. In India, these technological developments have significantly impacted ...

Groundwater, a vital source of drinking water for millions in India, is facing severe threats. Uncontrolled human activities have led to a significant decline in groundwater levels and contamin...

To understand the nature of Tort Law better and with a more practical example, let's think of it like discussing shades of a colour. is it just purple, or does it include lavender, lilac, viole...

Synopsis & Introduction The objective of this project is to critically analyse the validity of the "Eggshell Skull Rule". The reason behind choosing this particular rule to study, is its u...

Absolute liability is the principle by which any corporation or industry engaged in hazardous or inherently dangerous activity is made absolutely liable for any injury caused as a result of its...

The impact of advertisements have a tremendous influence on consumer rights, emphasising the need of promotions that are fair and accurate. Deceptive advertising undermines integrity, distorts ...

The concept or doctrine of absolute liability is a creation of the SC of ROI in preference to the rule of Strict Liability in Ryland Vs. Fletcher. The main essence of Absolute Liability is that it ...

The landmark case of Nichols v. Marsland[1] talks about the 'Act of God' in the legal sphere and contributed in formation of a new tort also known as the "Act of God". The Act of God is discuss...

The quantification of damages in tort law remains a perplexing endeavor, characterized by the inherent difficulty in assigning a monetary value to non-economic losses. This legal article delves...

Facts: The case of Mayor & Co. of Bradford v. Pickles revolves around the actions of Mr. Pickles, the defendant, who owned land adjacent to the City of Bradford's water supply. The water t...

Facts of the Case The plaintiff, Mr. Hall, attended a motor race at the Brooklands Auto Racing Club, where he was injured when a car involved in the race lost control and veered into the spect...

Law of torts Is an ever growing branch of law applied in almost every countries in the world. Tort law imposes civil liability on a person and not criminal liability. As of now, a clear cut def...

The principle of Injuria Sine Damnum underlines the legal axiom that violation of a legal right warrants remedy irrespective of actual damage. This paper delves into the seminal case of Ashby v...

A dying declaration is a statement made by a person who believes they are on the brink of death, and the statement relates to the cause or circumstances of their impending death. The dying decl...

Harm acts as a key barrier in privacy cases in various ways. It is a crucial element in many legal claims. However, courts often fail to recognize privacy harms unless they involve concrete fin...

This assignment delves into the concept of strict liability within the framework of tort law, examining its origins, essential conditions, exceptions, and modifications. Beginning with an overv...

Law of Tort is an essential aspect of the legal system that addresses civil wrong, providing remedies to individual who have suffered harm due to the wrongful actions of others. It is unlike th...

What Is Tort Law?A subset of the civil law which is known as the tort law deals with circumstances in which one party's actions—whether due to strict liability, negligence, or intentional beh...

Torts is a legal terminology that is derived from the French word tortum literally meaning twist. It traces its roots back to the pre-colonial period when British came to India for trade links....

The Donoghue v. Stevenson (1932) known as the snail in the bottle case is cited as 1932 SC (HL) was a landmark judgment for transformation and development of common law and tort law. Factua...

The Term contracts have several implications. In the case of the agreement the parties will choose their own rights and responsibilities. But if one or more than two parties want their agreemen...

The case of 'Ashby v. White' is a significant ruling in the history of English law, centred on the concept of electoral rights and the responsibility of public officials. This landmark case, de...

Torts refers to a civil wrong or any breach of civil duty imposed by law, against a person or property, which gives rise to civil right of action for a remedy not exclusive to any other area of...

We will be talking about how negligence played a role in making laws and helped in judicial work. India is a diverse country where a number of people live in nations in different-different part...

The concept of medical negligence is one of the most important issues in Torts outlining the boundaries of negligence and human error committed by medical professionals. The analysis of Robinso...

When you start interning in courts under advocates you will find numerous civil and consumer court cases revolving around tort of negligence. It is rather fascinating that the law of tort is not...

This case essentially revolves around the construction and demolition of structures. The case incorporates the maxim of "Damnum Sine Injuria".[1] The ruling in this case goes on to define the n...

Defamation is a tort that relates to stating untrue things in order to harm someone's reputation. Defamation is defined as the disclosure of information to someone other than the person who has...

Torts are civil wrongs or violations of legal obligations against people or property that give rise to civil rights of action for remedies that are not limited to any one field of law, such as ...

In the context of tort law, strict liability refers to a legal principle that holds an individual or organization accountable for their actions or products, regardless of negligence or intentio...

The relationship between individuals who enforce and uphold laws plays a role in the realm of justice. We are referring to judges, who work in courtrooms to ensure fairness and government offic...

What is Defamation?Defamation is defined under the law of torts as the injury to the reputation of an individual. It was held that a man's reputation is his property, more valuable than other p...

Tort originates from the Latin word "tortum" which means to twist. Tort has been defined by various scholars. Section 2 (m) of the Limitations Act, 1963[1] defines tort as: "Tort means a civ...

Vicarious liability, a fundamental doctrine in the realm of tort law, is a legal concept that has far-reaching implications for individuals, businesses, and institutions across the globe. Roote...

The "tort of passing off" is akin to a protector against deceit in the commercial sector. Consider a scenario in which a business attempts to pass for another, leading to client misun...

AIR 1986 Cal 374 High Court Of Calcutta Appellant: Banerjee & Banerjee v/s. Respondent: Hindustan Steel Works Construction Ltd. and Ors. Hon'ble Judge: Pratibha Banerjee, J. Counsels: ...

The main distinctions between trespass and nuisance in the context of property law will be examined and clarified in this legal study paper. The introduction of the two concepts and their histo...

The collapse of the tunnel in Uttarkashi trapping 41 workers re-establishes the sensitivity of the hilly regions and puts the focus back on how vital it is to balance between the ecological con...

Case Title: Municipal Corporation of Delhi vs Subhagwanti & Others Citation: 1966 AIR 1750 Name of the Court: Supreme Court of India Name of the Judges: Hon'ble Justice K. Subba Rao, Hon'bl...

Sovereign immunity, a legal doctrine that grants immunity to states from civil and criminal jurisdiction, has been a subject of considerable debate and evolution in the Indian context. This res...

Introduction Before 1947, the King of England and India couldn't be sued in his own courts because of the sovereign immunity doctrine. The Federal Torts Claims Act, 1947 and The Crown Proceedi...

Facts Of The Case: The plaintiff, Himalaya Wellness Corporation sued Defendant No.1 (Dr. Cyriac Abby Philips) and Defendant No.2 (Twitter) for defamation for posting false and derogatory comme...

The Latin phrase, "Qui facit per alium facit per se" essentially translates to "One who acts through another, acts oneself". Far from just being ancient legal jargon, it is ...

Brief Facts Of This Case: In this case Manpreet Singh Makol who is alleged to have been victim of medical blunder committed by Dr. J.S. Makhani, Senior Orthopaedic Consultant, Sir Ganga Ram Ho...

In law of torts, there exists a general defence known as Volenti Non Fit Injuria. It is a Latin legal maxim that translates to "Injury is not done to one who consents." This principle...

DefamationBy using words, signs, or visible representations, if a person commits an act of wrongdoing against someone's reputation, it is known as defamation. Defamation covers both civil wrong...

Absolute Liability In the event of an inherently dangerous activity being undertaken by a profit-making enterprise, resulting in damage to any party, the company owners are fully accountable w...

Defamation is the "communication of a false statement that harms someone's reputation". Where the Freedom of expression is the "Right to express oneself freely without fear of requital". These ...

Tort law constitutes a fundamental pillar of the legal system, aiming to provide compensation for individuals who have suffered harm due to the wrongful actions of others. With its roots dating...

Mutual good faith is a basic ingredient of the patient-doctor relationship Frivolous negligence claims and perverse medical negligence judgments based on ill-applied legal fiction without coge...

The doctrine of strict liability and absolute liability are pivotal principles in the realm of tort law, designed to address liability issues in cases involving hazardous activities or inherent...

In recent times public nuisance has invariably been used to address tobacco use, smoking, firearms distribution and global warming. The court considers public nuisance as a tort and they, as co...

Strict liability is a vital principle in torts law, which holds individuals or entities liable for the harm caused by their actions or products, regardless of their fault or negligence. This re...

Defamation, the act of making false statements about someone that harms their reputation, has long been a contentious issue. While defamation laws exist to protect individuals from unwarranted ...

This essay addresses vicarious liability or the connection between a master and a servant. A circumstance where someone is held accountable for the deeds or omissions of another person is known...

There are many levels of truth. Alan Dershowitz Justice? You get justice in the next world, in this world you have the law. William Gaddis Personal experiences affect the facts that judges choo...

The plaintiff contends that a manufacturing facility is responsible for inflicting a grave bodily injury upon him through the inhalation of hazardous gas emitted by said facility. The plaintiff...

Contract law is a very important area of law as contracts underpin most things we do. The aim of the research is to investigate influence of standard forms of contract or conditions of contract...

Contributory negligence has essentially emerged from the tort of negligence. Negligence has a long history in common law systems. In the 1850 case of Brown v. Kendall, it initially emerged as a...

In tort law, accidental injuries are quite significant. Its two objectives are to make up for the losses of the victims and to put an end to dangerously damaging behavior. The economic theory o...

Midland Bank Trust Co Ltd Vs Green (No. 1) [1981] 1 AC 513Facts: Green was granted a farm by his father to purchase a farm. Although the farm which was given as an option to Green was no listed/...

"Trespassing on land" is defined as: "interfering with the legal possession of land without justification." Simply explained, "trespass" occurs when a person interferes with another person's po...

Medical negligence has become one of the serious issues in the country in recent years, often results in the death of the patient or complete/partial impairment or any other misery which has ad...

Tort is a french term which is equivalent to the English term 'wrong': origin of the word "Tort-Torturm. (Latin word Meaning twisted) Everyone is expected to behave in straight forward manner ...

There are essentially two kinds of law codified and uncodified. Codified law refers to a document which is consolidated into a single text and formally adopted, like the Constitution of India...

Facts: In this case, Mrs. Lloyd widowed woman who owned two cottages called the Grace Smith & Co firm of solicitors, to consult them on a way to make a good income from her cottages as she...

The Common Law of England is responsible for developing the Law of Torts. From the Latin word "Tortum," which meaning "twisted" or "crooked," comes the French term...

Medical negligence refers to a breach of duty of care by a medical practitioner or healthcare provider, which results in harm, injury, or death of a patient. In India, medical negligence laws h...

Tort is a civil wrong as it has been accepted by the modern scholars and social scientists both in India and abroad. Here we shall try to understand how Trespass is one of the torts which have ...

The legal maxims are very short, brief or concise in nature. They are to the point statement. These maxims often used as fundamental rule or principle which society has to follow. There are som...

Lately, Indian society is pursuing an awareness towards a patient's right. Let us first analyze the concept of negligence in general. An action for negligence proceeds upon the idea of an obli...

In the law of tort, if a person does a wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy. But in some cases if a person s...

The word Negligence implies inability to practice care towards others which a sensible and judicious individual would in a situation or taking an action with such a reasonable individual wouldn...

Defence to various kinds of individual and collective liabilities The common defences of Inevitable Accident, Act of God, Plaintiff as the wrongdoer, statutory authority are available to each an...

In the words of legal scholar, Sir John Salmond "A tort is a civil wrong for which the remedy is an action for unliquidated damages, and which is not exclusively the breach of a contract, or th...

Law imposes certain duties upon its citizens. A breach of these duties is a wrongful act. When a person breaches duty imposed by civil law in contrast to criminal law or civil wrongs such as br...

Law should be dynamic and keep changing according to the needs of modern world .It won't be appropriate to use centuries old principles and laws on present cases and incidents as the world is c...

Historically, the development of some laws, legal concepts or legal rules were not from acts of parliament or statutes but from various judgments of English courts as well as courts of various ...

The Oleum gas leak was one of the most horrendous incidents. It was similar in nature with the horrific Bhopal Gas Tragedy. The Bhopal Gas tragedy had a heinous and long term impact on the citi...

Tort as a branch of law consists of various 'torts' or wrongful acts whereby the wrongdoer violates some legal right vested in another person. Property rights and personal freedoms are, inter a...

Facts Of The Case Stone resided in a residence close to Cheetham Cricket Ground. A batsman in a game at the Cricket Ground on August 9, 1947, struck the ball out of the ground. Stone was o...

There are circumstances when someone may be held responsible for injury they have caused, even though they were not negligent, had no purpose to harm others, or even if they took proactive meas...

Vicarious liability is a form of secondary strict liability arises due to the commission or omission of others under the common law doctrine of agency "The Respondeat superior " in wh...

This project is to show whether defamation is a civil or criminal wrong in India. This will show the current position of Defamation law in India and how it is used as in civil or criminal wro...

What Are The Law Of Torts? Tort is a term which is generally not used in our daily conversations, but if you are indulged in any type of civil lawsuit, you may come across this word. The topic...

The medical profession is considered to be one of the noblest professions on the planet Earth. And due to this special status, medical practitioners are often put on a pedestal and it's more of...

Act of god refers to serious and unforeseen natural phenomena for which no one is responsible. Despite its superficial religious connection, the utility of the term "act of god" is fr...

The term Tort is the French equivalent of the English word wrong and of the roman law term delict. It was introduced into English law by Norman jurists. The word tort is derived from a latin te...

[i] The Principle of Absolute Liability is considered to be an extension of strict liability. Therefore, it becomes essential to have a clear understanding of strict liability first. With the a...

Homegrown Relation is a growing topic of tort law that deals with a family's internal dynamics. The evolution of domestic relationships Because of the tortious ways that the nuclear family itse...

Facts: Defendant has a motor racing track where races are hosted. The track was oval-shaped, a long, straight stretch, with railings and barricades for safety purposes. Spectators can come to ...