Law of Torts
An Overview of Cross Border Tort Disputes
For the most part, India’s legal code and jurisprudence, in this case, follow the preliminary decisions of the English court.
Law of Torts
Liability of Psychiatric Damages in India
In India, Psychiatric damages are a fairly new concept as the damages suffered by a person are often compared with the physical damages.
Common Law Principles
The Good Samaritan Law
Good Samaritan law empowers a person to voluntarily come forward to provide immediate aid or emergency care to a person hurt in an accident.
Law of Torts
Is a Bicyclist a Driver or a Pedestrian?
Introduction: Perhaps any other factor, cities have been completely enhanced by the influence of modes of transportation. Cities were much smaller in terms of area and population before the occurrence of the automobiles. Traveling from city to city was much strenuous. Since the distance to carry limited goods and materials Read more
Law of Torts
Volenti Non Fit Injuria
Introduction: In the law of torts, it is the rule if some person causes harm to another person intentionally or due to some other reasons the person who commits the activity which harms the other person has to pay damages or provide some other remedy whatever the concerned court decides Read more
Law of Torts
CoVID-19: Liability for Transmission
Introduction: With the hike in the coronavirus cases around the world, there arises a major question or consideration regarding, whether or not a person who spreads the virus can be made liable by the courts for their negligent act. In order to determine as to who will be held liable, Read more
Civil Law
Defamation Laws in India
A person’s reputation is as a property. In some cases more important than other properties. It becomes a civil responsibility of a person, not to harm the reputation of another. Defamation is the action of damaging one’s good reputation in the form of oral statements or published format. The key Read more
Law of Torts
Remoteness of Damages in Light of Tort
Introduction: Before getting into climax, first and foremost we need to understand the difference between law and justice. Law is very clear while justice depends upon the use of that law. Law says you do these things or don’t do these things if you don’t obey you are backed by Read more
Case Law Analysis
Case Comment: The Madras Railway Company v. Zamindari of Carvetinagarum (1874)
High Court Of Judicature At Madras (Decided on 3rd July 1874) This case[1] seems to be the exception of the principle of strict liability[2]. When we think of strict liability the first thing comes in our mind is Rylands v. Fletcher,[3] [4] in which it was held that even if the Read more
Criminal Law
Absolute Liability
Introduction: Bhopal gas Tragedy was one of the main incidents which led to the establishment of the concept of Absolute Liability, also known as M.C. Mehta v Union of India[1]. However, this case was based on strict liability, but with no exception, an individual can be made absolutely liable for Read more
Law of Torts
General Defences in Law of Torts
Introduction: Before going through the topic of general defences in tort claims, let’s have a view on the meaning of the law of torts. So basically, the law of torts are civil wrongs. The word “tort” is derived from the Latin word ‘tortum’ which simply means ”to twist”. Thus the Read more
Law of Torts
Volenti non-fit Injuria
Introduction Volenti non-fit Injuria is a general exception in law of torts, quite popularly as defenses or justification are a collection of excuses undertaken to escape liability in the law of torts. This maxim helps in getting out in to while fulfilling certain criteria needs to be fulfilled. Effectively it Read more