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...

34 Vicarious Liability 34.1 Doctrine of vicarious liability  Vicarious liability refers to a situation where one person is held liable for an act or omission of another person. Winfield explai...

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 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 ...

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...

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...

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 ...

Composite NegligenceThe term Negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action with such a reasonable perso...

Vicarious liability refers to situations in which one person is held liable for the actions of another. As a result, in a situation involving vicarious liability, both the person orderi...

Traditionally emotional distress is often referred to as "parasitic"[1] in nature and is seen through the glasses only as a by-product of a physical injury. With the changing notions of the soc...

Vicarious Liability The Vicarious Liability is such an instance where a person would be held responsible for the offense or wrongful actions of another person.[1] The Liability of such nature ...

Remoteness of DamageDoctrine of remoteness of damage: According to this doctrine damages are said to be too remote, where the causal connection between it and the defendant's act is regarded by...

Definition A person who, through spoken or legible words, symbols, or visual representations, makes or publishes any allegations about that person with intent to damage that person's reputatio...

Torts in a general sense are concerned with a lesser degree of wrongs as compared to criminal law, essentially leading to the resolve of unliquidated damages, injunction, compensation etc. A...

What Is False Imprisonment? When someone intentionally prevents another person from exercising their freedom, they are said to be imprisoned in violation of the law. False imprisonment is a le...

Facts And Judicial History Appellant: The State of Rajasthan v/s Respondent: Mst. Vidhyawati and Another Lokumal was a temporary employee of the State of Rajasthan working in the capacity of a ...

The paradigm tort consists of an act or omission which gives rise to harm or injury to another and amounts to a civil wrong for which the courts impose liability. In the context of torts, "...

Analysis of the offence of Defamation Section 499 of the Indian Penal Code talks about defamation. So, what is defamation? Any person who by spoken or written words, signs, or visible gestu...

A new forum MACT i.e. motor accident claim tribunal also known as "Claims Tribunal" substitutes the civil court for particular cases arising out of the motor accident. The matter of this partic...

Statutory authority is the type of authority that has its roots in the legislation part of the government. This would generally mean that in case of common law there would be a big problem as t...

Absolute LiabilityOfficials in the industry are responsible for compensating the injured parties if an industry or enterprise engages in an activity that is inherently dangerous but generates f...

What exactly is a Tort?The term tort is derived from the Latin term "Tortum" which means "Twist." Tort law refers to wrongful acts in which the wrongdoer violates the legal ...

India's diverse development and industrialization resulted in easy access to a wide range of goods and services, but it also increased unfair and immoral trading practices that exposed consumer...

Objective To compare and contrast an Act of God and the principle of Force Majeure. To comprehend its subjective nature and broad variety of clauses To be cleared of the charges, the contr...

When we are talking about law of torts, if any person commit any kind of wrongful act which causes injury to another person so in that case he is held liable and has to pay damages which is d...

Concept Of Medical NegligenceMedical malpractice occurs when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, or gives subs...

From over many centuries, numerous law experts and specialists have developed many legal phrases, doctrines, expressions and maxims to help to boost the growth of the precision of study and und...

As per Salmond's pigeon-hole theory, only well-established wrongs should be included in the sphere of torts and it should be limited to what is known as a pigeon hole. He has further establishe...

In the latest judgement on scientific negligence, the Supreme Court awarded reimbursement amounting to Rs. 110 million to a victim, that turned into to be paid through the medical doctors and a...

Issue: Just over a month after his release from prison, Lala Lajpat Rai, the plaintiff, was once again arrested and taken into custody by the authorities on May 9, 1907, acting on the orders o...

Facts of the case: On 24th August, 1932, a man named Bird, who was the defendant's servant, was driving a two-horse carriage, in the course of his employment. For the purpose of his masters bi...

A professional in any field is deemed to possess essential knowledge and skill needed for the purpose and owes a duty of care in the conduct of his duties towards their client. Medical negligen...

Malicious Prosecution is defined as a judicial proceeding instituted by one person against the another, from wrongful or improper motive, without any reasonable and probable cause to justify it...

Necessity is recognized as a legal defence except for a few exceptions. Tort law recognizes necessity as a valid defence except for a few exceptions. Under what conditions would you be guilty o...

The world has changed dramatically since the times of industrial revolution as a result of technological advancements ushering us into the digital age. The Internet has made many things substan...

Introduction of Nuisance The word nuisance has been derived from the French word 'nuire' which means, to hurt or to annoy. Ordinarily, nuisance means to disturb someone. According to Winfield,...

There have been a lot of recent cases in the country, whereby the liberty of a person was compromised in the veil of punishment without an appropriate legal rationale. In terms of an example, t...

National Consumer Disputes Redressal Commission abbreviated as NCDRC was a commission set up under C0nsumer Pr0tection Act 1986 in the year 1988. The head office of NCDRC is situated in New Del...

Tort is a civil wrong which refers to any action or omission that violates the duty imposed by law and leads to unliquidated damages.[1] It is concerned with allocation of risk and prevention o...

Coming down from ages, the landmark case of Rylands vs Fletcher that gave us the rule of strict liability, a case of no-fault liability in which the wrongdoer is punished irrespective of fault,...

Facts: Samira Kohli (the appellant) was an unmarried, 44-year-old woman who visited a clinic on 9/5/1995 complaining about prolonged menstrual bleeding. At the clinic she informed Dr. Prabh...

Facts: Bhim Singh, a member belonging to the legislative assembly of the State of Jammu and Kashmir, was apprehended on the 9th of September, 1985. He was detained under the grounds of conv...

Facts: Bhim Singh, a member belonging to the legislative assembly of the State of Jammu and Kashmir, was apprehended on the 9th of September, 1985. He was detained under the grounds of conv...

The role of judicial activism in the Indian judiciary holds great significance, and one such example of its significance was highlighted in the landmark judgment of Rudul Sah vs. the State of B...

Remoteness of damage is an interesting principle. Once the damage is caused by a wrong, there have to be liabilities. The question is how much liability can be fixed, and what factor determines...

The term Defence in general consensus of law means safeguarding or resisting oneself or someone from any act which might been committed by someone and that act is not in accordance with law. In...

The article is regarding the misconduct in public by a drunken person which is covered under section 510 of the Indian penal code,1860. This is the second last section and gives the lowest puni...

A tort is a legal word that refers to infringing on another person's civil rights by inflicting damage, hurt, or harm. Intentional or inadvertent actions, omissions of duty as in carelessness,...

In cases of torts, the general rule is that the person who causes damage to other person either intentionally or via his negligence shall pay damages to the affected party. This rule however, i...

Concepts Of Strict Liability The theory of strict liability can be characterised as acts or omissions that are judged accountable without the presence of mens rea (mental intent). It is a liab...

https://legalserviceindia.com/legal/admincp/edit_article.php?id=7834 The word tort is of French origin and has been derived from the Latin term Tortem which means to twist. This tort impli...

In this article we are going to discuss about vicarious liability. The degree to which the government should be responsible for the torts performed by its officials is a difficult issue, particul...

Wrongfully restraining a man’s liberty is actionable in the law of torts, under the heading Trespass to Person or more specifically, under the heading false imprisonment. Let us first tak...

This research paper deals with theories of strict liability and absolute liability. In the first part I have given introduction and then I have started with introducing strict liability and then...

The plaintiff (Haynes) was a police officer on duty at a busy street police station, where he was frequently visited by a large number of people, including youngsters. The defendants (Harwood) ...

Live for tomorrow can bring, not for what yesterday has taken away. As a minimum of 27 million humans in the U.S were exposed to asbestos, a disease starting from slight to deadly and therefor...

This paper deals with Vicarious Liability which means master and servant relationship. It is a situation where one person is liable for the act of others. So, in the case of Vicarious Liability...

This paper deals with Vicarious Liability which means master and servant relationship. It is a situation where one person is liable for the act of others. So, in the case of Vicarious Liability...

This article presents a comprehensive and detailed analysis of the legal case Wainwright v. Home Office using the FIRAC Method: Facts, Issues, Rule Of Law, Analysis And Conclusion ...

This study deals with nuisance as it is most frequently pled common law action in environmental litigation. The law of nuisance protects the right of the property owner or the right of the pers...

Generally, it is said that a person is held liable only when he performs any wrongful act. But what if a person through someone else does any wrong act by compelling him to do it, in this case,...

Facts: The present matter is an appeal that is presented under Section 110-D of the Motor Vehicles Act challenging the Motor Accident Claims Tribunal's decision, Delhi dated 17 March 1966, whi...

This research paper examines the legal jurisprudence built on issues related to defamation's constitutionality. As a result, it provides a thorough examination of the law's origins as well as t...

Given the ambiguity surrounding the word 'malice', the past's judiciary has tried to define it.[1]Attempt was made in Brown v Hawkes where court calls malice as: Some other motive than the de...

The most important thing for a young man is to establish a credit ... a reputation, character. - -John D. Rockefeller Reputation is among the most treasured and powerful assets that one posse...

The origin of tort of conspiracy takes us to early days in Britain where writ of conspiracy was included in the law. it was limited to abuse of legal action and legal procedure in the nature o...

Super-Specialized Medical care and advanced equipment are the acknowledged services in a well of corporate hospital. A Patient's ability to afford the best medical care differentiates from the Or...

The topic of the assignment gives rise to a very basic yet necessary question regarding relation between the tort law as well as the morality. To start further its necessary to firstly know wha...

What is defamation? Defamation is the loss of respect and fame.  Provisions have been made in Indian law to protect persons from defamation by giving them rights. Section 499 to 502 of the...

This article critically analyses the definition of intention, how intention especially mens rea is immaterial in the tort of defamation and why is it so. We will even go through some exceptional ...

Sovereign immunity is a concept that was developed in the common law jurisprudence. In earlier times we did not adhere to the concept of a government with elected individuals. Literature of the...

Actress Scarlett Johansson sued Walt Disney Co., the parent company of Marvel Studios, in July 2021 when according to her, they breached the contract made between them by releasing the MCUs st...

Brief Facts of R.P.Sharma vs State of Rajasthan, A.I.R 2002 Raj. 104.: In this case, the petitioner is R.P.Sharma and the Respondents are Madhu Chathurvedi (R1) and Dr. Indu Sharma(R2) a...

Brief Facts: The case of Jacob Mathew vs state of Punjab is an important judgment on the point of negligence by a doctor the principals has been given on this point the story of this case in s...

Liability or responsibility is the bond of necessity that exists between the wrongdoer and the remedy of the wrong. It implies the state of a person who has violated the right or acted contrary...

Parliament has not given to India, the statutory provisions like the Crown Proceedings Act, 1947 of England whereby the Crown is statutorily made liable for the torts committed by its servants, j...

Carlill v/s Carbolic Smoke Ball Co. The Company Made The Product Called Smoke Ball.It Claimed To Be Cured To Influenza And Many Other Disease In The Context 1889_ 1890 :Flu Pandemic Which Is...

Tribunal[1] is an apparently judicial institution aimed at settling issues with concern to administration or tax subjects. It is a set of people or an institution of people distinctly selected ...

Title: A commentary on Nervous Shock as a cause of action in Torts by - D. Hughes Parry. Citation: Bluebook 21st ed. D. Hughes Parry, Nervous Shock as a Cause of Action in Tort, 4...

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. A tort is when one person or entity inflicts upon another i...

Introduction: This judgment is heavily criticized and is one of the most debated landmark judgments of all times. Name of the Case: Kasturi Lal Ralia Ram Jain v. The State Of Uttar Prades...

Meaning of Tort Tort is not a crime but a civil wrong;- mr X enters into Mr. y's house and use the swimming pool and exists. Here MR. x had not caused any loss/injury or any type of damage to M...

The aim of this article to give the research Regarding the Pigeon hole Theory. So here if we put three Pigeons in two Pigeonholes ,at slightest two of the Pigeons put a stop to up in the cons...

This paper is about vicarious liability, or the relationship between a Master and a Servant. A case in which someone is held liable for the acts or omissions of another person is known as vicar...

Rights Of Citizens For Ex Gratia Payment Through State Disaster Relief Fund Applicable To Persons Died Due To Coronavirus. The Government of India is bound under section 12(iii) of the Disaster ...

This article is about negligence under law of torts and the details that are under it, covering the definition of negligence, its meaning, the duties like duty of care, to the plaintiff, standard...

What Is Medical Negligence?Medical negligence may be a combination of two words. The second word solely describes the meaning, though the meaning of negligence has not been described in a prope...

Brief Facts Of The Case: The petitioner a member of legislative assembly of Jammu & Kashmir was arrested and detained in police custody. He was deliberately prevented from attending the pa...

In 1995, the Supreme Court delivered a historic decision in Indian Medical Association v VP Shantha which brought the medical profession within the ambit of a ‘service’ as defined in Sectio...

Earlier the duties of the State were mostly maintaining law and order. With increasing influence of the State in our everyday lives the normal view of liability of the State can’t be accepted...

Strict liability The rule of strict liability was first introduced in the case of ‘Rylands v. Fletcher’ in the year 1869. The brief facts of the case were that the defendant hire...

The study on topic conspiracy will give us an idea about, the infringement in law of tort or torts. For torts there is no codified law but in IPC conspiracy is stated as offence in the section ...

The term Negligence has been derived from a Latin term negligentia, which basically means failing to pick up. Since, it does not have any specific definition, it can be roughly defined as: breach...

Any defamatory or irrelevant statement published against some person by which his/her reputation is harmed leads to defamation. A person’s reputation is more valuable than any other tangible as...

Negligence is doing something which a reasonable man would not do and omitting to do something which a reasonable man would do. The essential components of negligence are three: duty, breach an...

We all human beings deserve some basic rights and freedom to live in vicinity which is known to us as basic human rights .They apply to all regardless of your place of origin or your beliefs or...

The English case of Entick v. Carrington having laid the common law principle that the Government being subordinate to law, officials that act in their capacity do not have the authority to use...

Law is a very wide concept and ordinarily does not admit to any one universally accepted definition. Everybody has an alternate perception of law and its comprehension can differ from person to...

Tort is concerned with civil wrongs caused by individuals and other legal entities. Tort has two main objectives. One is to offer compensation to the victims of civil wrongs for the loss, damag...

Defamation is a statement which injures the reputation of a person. If any person harms the reputation of another person, such a task is done at the own risk of the person defaming the other and ...

The word tort is derived from the Latin tortus, meaning twisted. It came to mean wrong, and it is still so used in French: J ai tort; I am wrong. In English, the word tort has a purely technic...

The word tort is derived from the Latin tortus, meaning twisted. It came to mean wrong, and it is still so used in French: Jai tort; I am wrong. In English, the word tort has a purely tech...

Once the tortfeasor commits a wrong and once a damage is done, it is the responsibility of the tortfeasor to compensate for the losses so acquired. However, the question remains as to what exte...

The Indian society is based on epics like Ramayana and Mahabharata. The knowledge of the Bhagavad Gita is the common folklore of the people of India. The Indian societies have taught themselves...

In law of torts, we all have come across the terms Damnum Sine Injuria and Injuria Sine Damnum . We often get confused as to the meaning of these two legal terms . Let us clear our co...

Res Ipsa Loquitur is a Latin phrase that means the thing speaks for itself. In the law of torts, it is a very popular doctrine. In cases, where the evidence is itself sufficient to prove the gu...

Jurist and various other authorities of law have expressed many different views about the correct nomenclature of the civil wrong and deliberated on the issue whether it is the law of tort or l...

Research Objectives To analyze the meaning of defamation. To know the types of defamation along with its exemptions. To understand how right to privacy protects a person from defamation. To...

Damnum Sine Injuria:This is a legal maxim in law of torts which deals with damages caused without injury. So it basically deals with the damages caused where there is no involvement of infringeme...

The word Tort has been derived from the Latin word tortum which translates to 'twisted'. In the easiest set of words, a tort is a civil wrong that causes someone to suffer loss or harm and resu...

Generally, a person is liable for his own wrongful acts and one does not incur any liability for the acts done by others. In certain cases, like vicarious liability, the liability of one person...

Tort is when one person or entity inflicts an injury upon another, in which the injured party can sue for damages. There are numerous specific torts including negligence, nuisance, trespass, de...

The objective of the article is to help understand the need and demand for a new Consumer Protection Act with added provisions to help effectively execute the laws. Furthermore, this law helps ...

The law of tort is a branch of civil law, which consists of various torts or wrongful acts that violate some legal rights vested in a person by law. General defences are a set of defences that ...

Street vendors and hawkers have formed an integral part of the Indian economy since ancient times. The vendor population holds huge importance in the unorganized urban sector in the country, ca...

Res ipsa loquitur is a powerful legal doctrine. This legal maxim makes difficult for that person who wants to escape from liability. Meaning of Res ipsa loquitur is ‘the thing speaks for itse...

In Law of Torts, the person is liable for his own wrongful acts but there exists a different concept also. When a person is held liable for the acts of another person, then such liability is te...

The Tort law: Compensation for damage is characterized by the presence of a fault causing damage to be repaired. What does that mean? (I). When are we responsible (A)? Who is the victim (B)? C...

Law of Tort is characterized by the acts which are civil wrong and the remedy for such wrongs is available in the form of compensation/damages. Now, there are certain Latin maxims such as Injur...

Novus actus interveniens is Latin for a new intervening act. In the Law of Delict 6th Edition, Neethling states that a Novus actus interveniens is an independent event which, after the wrongdoe...

What is Sexual Harassment?Sexual harassment is any form of unwelcome sexual behavior that's offensive, humiliating or intimidating. Sexual harassment includes unwelcome sexual advances, requests f...

Through this article, I seek to analyse in detail the defence of the maxim of 'Volenti Non-Fit Injuria' and its application under Tort Law. This has been done by providing a brief understanding o...

Consider that a French football player named Zizou, during a match, had a scuffle with an Italian football player named Matterazzi and Zizou head butt's him lightly on his rib cage and the rib ...

Environmental degradation or ecological despoliation is significantly known to be an umbrella concept. It covers a wide variety of issues like deterioration of environment through depletion of ...

Vicarious Liability: It is that liability of one person for the act done by another person. In order that the liability of one person for the act done by another person can arise, it is necess...

The basis of tortious liability is the violation of duty primarily fixed by law. The aggrieved party under tort can always seek damages for the infringement of their rights. The damages may be co...

Negligence is the omission to accomplish something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something w...

According to prof. Winfield the law of torts has been a definite part of English law for over six hundred years. Tort is a civil wrong and it consists of those wrong which violates legal rights o...

A natural necessity proceeding from physical causes alone without the intervention of man. It is an accident which could not have been occasioned by human agency but preceded from physical caus...

Understanding the term NegligenceNegligence in tort law means omitting to do an act, which a reasonable man would do or doing such an act which a prudent or reasonable person wouldn't have done ...

Origin of Law of TortsEarlier the French William the Conqueror's 1066 Norman conquest of England, the legal system was somewhat different, decided on a more-or-less case-by-case degree. After 1...

Freedom Of Speech Is Not Freedom To Lie, Defame Or Incite Hatred And Abuse. Every man is entitled to reputation. Jurist Blackstone has added to this proposition and indited that: Every man is en...

A Blasphemy law is a law prohibiting Blasphemy. Where Blasphemy is the act of insulting or showing contempt or lack of reverence to a deity, or sacred things,or something considered sacred or...

Covid-19 is a mild to severe respiratory illness that is caused by a coronavirus, which is transmitted mainly by contact with infectious material (such as respiratory droplets) or with objects or...

According to blacks law Dictionary absolute liability refers to, Liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to ma...

According to Sir Henry Maine [1], the penal law of ancient communities is not the law of crimes but the law of wrongs, which is commonly known in the modern world as the Law of Tort. Wrongs may b...

General Defences: Nature and ScopeA defence is a plea put forth by the defendant against the claims of the plaintiff. The following are the defences open to a defendant in an action for tortious ...

Tort in common law, civil law, and the vast majority of legal systems that derive from them, any instance of harmful behaviour, such as physical attack on one's person or interference with one's ...

Equivalent Citation: Manu/Sc/0430/2008, 2008 Air Scw 855, Air 2008 Sc 138 Bench: B.N. Agrawal, P.P. Naolekar And R.V. Raveendran, Jj. Date Of Judgement: 16.01.2008 Subject: Consumer And Medicine La...

25 years after the Chernobyl accident, the international community has had time to reflect and prepare, more effectively the ways in which it responds to nuclear accidents. Moreover, at the centr...

How Strict Liability evolved?Primarily prior to the year 1868, the concept of No Fault Liability was availed. In the concept of No Fault Liability basically a test is conducted in which it is see...

The Criminal and civil cases that lack many evidences usually aren't pursued and occasionally criminal charges or civil lawsuits are maliciously filed to intimidate, harass, defame, or injure the...

Remoteness of damage is an interesting principle. Once the damage is caused by a wrong, there have to be liabilities. The question is how much liability can be fixed, and what factor determines i...

What Is Defamation? Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any...

The objective of this write up is to discuss torts in general, its origin and development as a branch of legal studies in India. The word torts' is derived from the Latin expression tortum which ...

A Consumer is defined as one who consumes or uses any commodity or service available to him either from natural resources or through a market. According to John F.Kennedy, “Consumer by defi...

Medical negligence is seen to be a recurrent venture within the field of medical practice. Negligence as defined by the court in Jacob Mathew v. State of Punjab,[i] is the breach of duty which ...

Law of torts is said to be a collection of circumstances in which remedy is given by the court by way of damages for the legal harm caused by one person to another. Three elements which need to b...

State is not a living entity but a legal entity which cannot function without human agency. It is therefore, that the state has to act through its servants. The concepts of Tortious liability of ...

The increasing knowledge in field of medical science has made the courts accept the fact that the harmful injuries can be caused to the man and numerous illnesses maybe be caused to persons not o...

The law of torts or civil wrongs in India is thus almost wholly the English law which is administered as rules of justice, equity and good conscience. The Indian courts, however, before applying ...

The word tort is derived from the Latin term tortum which means to twist, and implies conduct which is twisted or tortious.[1] The term is found in Common Law systems for a civil actions harm or ...

This project talks about liability in case of psychiatric damages in India and also the present scenario of awarding compensation in common law countries also. The first part of the project deals...

Tort liability can take on various different forms depending on the circumstances surrounding the incident. In general, tort liability is associated with monetary awards, but some forms of liabil...

A publication of false and defamatory statement, either written or oral,, which tends to harm a person's reputation, decreases the respect, regard or confidence in which a person is held, without...

Facts of The Case - Wood v. Leadbitter, [1845] 13M and W 828 Wood had bought a ticket to view horse race that was held on property owned by Lord Eglintoun( Lord E.) . The ticket entitled Wood to e...

If a person interferes deliberately, with the trade or business of another, doing so unlawfully, then he is also acting unlawfully. The fact that there is no general doctrine under common law for...

Defamation is considered to be a civil wrong or a tort. A person that has suffered a defamatory statement may sue the person that made the statement under defamation law. What is defamation?Def...

Negligence Negligence is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves ha...

A good motive is no justification for an action otherwise illegal and a bad motive does not make wrongful an act otherwise legal. Discuss the statement with its exceptions, if any. “...

The word Tort is derived from the Latin term Tortum which means “twisted”. The term is French equivalent of the English word wrong and the Roman law term delict. It implies a condu...

Injunction An injunction is an order of a court restraining the commission, repetition or continuance of a wrongful act of the defendant. To entitle a party to an injunction he must prove eit...

This case is in itself famous because of two reasons, one that is it is one of the good pronounced judgment, second that it is between two great legal birds of India, one of them that is Subr...

The billion dollar question is: Whether it is a law of tort or only a law of torts? There are two competing theories in this regard. According to one theory, there is a general principle t...

The law of Tort in India is developed and evolved from the law of Torts in UK. Most popularly known as “judge made law” this law does not come from a statute and is not codified. Irre...

Vicarious liability, also known by the Latin term respondeat superior, or by imputed liability, is a legal concept that assigns liability to an individual who did not actually cause the harm, b...

Meaning– Defamation is injury to the reputation of a person. If a person injures the reputation of another he does so at his own risk, as in the case of an interference with the property...

No human is impeccable, everyone makes mistakes, we would have come across many cases where the skilled medical practitioners have been negligent while identifying injuries, or being careless dur...

Administrative law is defined as the torso of law constructed by the agencies and departments of the government.They areperturbed with the operation of public powers, and tort law administers p...

It is often said that 'India needs change'. Various Laws and Rules are challenged every other day, which may or may not be targeting at a better tomorrow. From decision of Indian Rupee Devaluat...