Aakarsh Shah, RNPI law school Editor’s note: Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. This … [Read more...]
Necessity as a defence
By Anu Mittal, Symbiosis Law School, Noida Editor’s note: The law of torts, with a few exceptions, acknowledges necessity as a defence. It recognizes that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. It is defined under § 81 of … [Read more...]
Necessity – public and private
By Shantanu Rathore , Symbiosis Law School, Noida Editor’s note: There exist several justifications and exceptions for torts, including the defence of necessity, which is usually invoked for the tort of trespass and conversion. Welfare of the people is deemed to be the supreme law, and necessity … [Read more...]
No Fault Liability
By Yashu Bansal, Chanakya National Law University, Patna "Editor's Note: This paper deals with two important principles in law of torts- strict liability and absolute liability. It traces the evolution of the doctrine of strict liability in the landmark case of Rylands v. Fletcher and studies its … [Read more...]
Law Of False Imprisonment In India
By Oyshee Gupta, CNLU Patna EDITOR'S NOTE:- In light of the recent trends of human rights violation in cases of custodial torture, it is imperative for the law pertaining to false arrests and detentions to be made more concrete.With the onset of judicial activism, India has witnessed a large … [Read more...]
Doctor-Patient Relationships: The Distinction Between Contractual and Tortious Liability
By Almas Shaikh, National University of Advanced Legal Studies, Kochi “Editor’s Note: Doctors and patients share a legal fiduciary relationship which is contractual in nature. Due to this, a doctor owes a reasonable duty of care towards his patient. In case of breach of the same on account of … [Read more...]
Cross border tort disputes
Yashaswini Prasad, Jindal Global Law School Editor’s note: A tort related claim involves multiple factors such as the place of the tort, the nationality and domicile of the parties, etc. Determining jurisdiction of where the tort was committed is one of the major hurdles faced in cross border … [Read more...]
Bhopal Gas Tragedy vis-à-vis Schools of Jurisprudence
By Ayush Jaiswal, DSNLU “Editor’s Note: The landmark judgment of Union Carbide Corporation v. Union of India, better known as the Bhopal Gas Tragedy case, involving a leak of methyl isocyanate and resulting in the death and injury of thousands, is considered one of the worst industrial disasters of … [Read more...]
Case commentary – Ram Ghulam v. Government of U.P.
Pragalbhi Joshi, National Law University Odisha Editor’s Note : A recognised exception to Respondent Superior is where acts are done in discharge of duty imposed by law. If the act of a servant is alleged to be wrongful, then the aggrieved person has no remedy against the master (the State), … [Read more...]
N. Nagendra Rao Co. v. State Of Andhra Pradesh: Case Analysis
By Mounica Kasturi, Symbiosis Law School, Pune "Editor's Note: The principle of sovereign immunity lays down that an offence cannot be committed by the state. This is based on the age old maxim that 'King can do no wrong'. Although, an employer can be vicariously held liable for the wrongful acts … [Read more...]