Introduction: A company or a corporation, by law, is defined as a legally established entity that consents a group of individuals to apply for the formation of an autonomous and independent organization, to the government, which would then seek to achieve specific goals and targets and also be granted legal Read more…
Introduction: The negligence which is most unique and problematic ground for punishment is criminal negligence. A crime constitutes actus reus accompanied by mens rea. Criminal negligence is ‘nonfeasance’ in which there is a fault in the failure to foresee avoidable dangers. In some cases, this failure can result in will Read more…
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…
Introduction: The medical workers are called as representatives of God, that is because what they do on a daily basis is save lives. But, by giving them these high standards, we forget to understand that doctors or the healthcare staff are only humans who possess some special knowledge or skills. Read more…
What it means? The medical profession is considered as the noblest and altruistic form of profession but unfortunately not exempted from ill practices which have put the lives of innocent patients in peril. Medical negligence in the healthcare sector is a serious issue faced by citizens in our nation. There Read more…
Introduction: In Poonam Verma vs Ashwin Patel, the Supreme Court differentiated negligence, rashness, and recklessness. A person is said to be a negligent person when he/she inadvertently commits an act of omission and violates a positive duty that he/she should have performed otherwise. A reckless person knows the repercussions of Read more…
Facts: The defendant, a resident of Chennai, was riding his bicycle at 08:20 a.m., on 31st December 1991 and suddenly he was hit by a motorcycle. The consequences were that the defendant developed an injury on his leg. At 09:45 a.m. he was admitted to The Surya Hospital, of which Read more…
Facts: The appellant along with his three partners was the owner of a factory named Carbon Dry Colour Works. This factory was involved in the manufacture of paints and varnish. The factory was licensed by the Bombay Municipality in the year 1953 to manufacture paints involving a cold process and Read more…
Introduction: The Indian Penal Code, 1860 entails different kinds of crimes, their nature, scope and punishment thereof. The Indian Penal Code was drafted by Thomas Babington Macaulay in 1837; he was also the Chairman of the First Law Commission. The code is influence by British Law however; various elements have 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 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…