Latest from Torts Law

Bolam Test: An Inadequate Parameter For Assessing Medical Negligence

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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...

An Analysis: Malicious Prosecution

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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...

Rex v Bourne

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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...

Defamation And Virtual World: An Issues and Challenges

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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...

Constituents Of Tort Of Nuisance

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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,...

Understanding the concept of False Imprisonment under Torts law

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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...

Role Of NCDCR In Consumer Welfare: Landmark Judgements

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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...

Tortious Liability for Environmental Harm

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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...

The Enigma Of Using Absolute Liability In The Indian Perspective

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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,...

Case Analysis of Samira Kohli v/s Prabha Manchanda

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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...