By 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 paper covers the […]
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 can either be […]
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 essentials and exceptions […]
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 number of […]
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 negligence, […]
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 torts. Laws […]
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 all […]
Right To Information Act, 2005
By Shristi Todi, NEF Law College, Gauhati University Editor’s Note: The Right to Information Act was passed in 2005, and since then it has overwhelmingly proved to be boon for the masses of the general public. In a country where bureaucratic red tape often stretches to miles, an informed citizen can […]