“Sexual harassment in the workplace confuses rewards for performance with rewards for attractiveness for sexual availability.” Introduction Sexual harassment is a recurrent issue which is pervasive in all spheres of life of women who are victims of it. CEDAW[1] describes it as an uncivilized, unethical, immoral and a fundamental legal Read more…
INTRODUCTION The law of torts has seen its origin in the Common law of England and has since the colonial rule spread itself among all the colonies that were controlled by the British. The incoming of torts law in India is also through the same channel with the establishment of Read more…
Introduction The framers of the Constitution found a need to establish certain provisions for practicing any trade or occupation. It was included as a fundamental right of the citizen as a freedom to carry on any trade or occupation under Article 19(g). It briefly explains about Trade, Commerce and Intercourse Read more…
Introduction “Res Ipsa Loquitur” means things speak for itself essentially instructing the courts of law that in circumstances specifically to the field of medicine proof of negligence is not require beyond the act itself. The application of this principle has also been in India on various accounts. It should be Read more…
Introduction The word tort has been derived from the Latin word “tortum”, which means ‘to twist’. In general, tort means conduct which is not straight or lawful, i.e., it is twisted or unlawful. According to Dr. Winfield, “The liability in tort arises from the breach of a duty primarily fixed Read more…
INTRODUCTION The principle of master-servant relation falls under the chapter of Vicarious Liability which is a civil wrong i.e. tort. The term ‘Vicarious Liability’ means ‘liable for acts done by another’ and the same doctrine is applied in the master-servant relationship where a master can be held liable for the Read more…
Introduction An act which harms somebody’s reputation is termed as defamation. It is the act of saying false statements in order to make reasonable people have a negative opinion about a person or an entity. Libel and slander are two ways of causing defamation. Slander is when the defamatory statements Read more…
“The imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the two persons. Indirect or imputed legal responsibility for acts of another; for example, the liability of an employer for the acts of an employee, or, a principal for torts and Read more…
Introduction Have you ever met with a road accident before? Any of your relatives or someone known to you met with a road accident? What to do after a road accident? How to claim compensation for damages in a road accident? All these questions come into one’s mind after a Read more…
Introduction The world could not disagree on how noble the medical profession is. It is a universal expectation that the practitioners have maximum expertise as every advice of theirs would affect the potential health of their patients. And if the skill is profess without a reasonable degree and care, it Read more…
Meaning and Definition of False Imprisonment False imprisonment is a tort of a trespass towards a person. In the tort of false imprisonment a person is deprived of his total personal liberty, such deprivation maybe for a long time or for a short time therefore the time factor may be Read more…
Introduction General exception in law of torts, quite popularly as defences or justification are a collection of excuses undertaken to escape liability in the law of torts. Most of these help in getting out in onto while for rest certain criterion needs to be fulfilled. Effectively these can be addressed Read more…