Law of Torts Archives

Medical Negligence

On October 8, 2017March 22, 2019 By Neerja Gurnani

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 as a defence

On May 13, 2015 By Neerja Gurnani

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 § […]

Necessity – public and private

On May 13, 2015 By Neerja Gurnani

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

On April 4, 2015 By kudrat

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

On April 4, 2015April 29, 2015 By raghavi

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

On February 14, 2015 By sinjini

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

On February 4, 2015 By Neerja Gurnani

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

On February 4, 2015 By sinjini

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 […]

Case commentary – Ram Ghulam v. Government of U.P.

On January 12, 2015 By Neerja Gurnani

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 […]

N. Nagendra Rao Co. v. State Of Andhra Pradesh: Case Analysis

On January 12, 2015 By kudrat

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 […]

State of Rajasthan vs Mst Vidhyawati : Case Analysis

On January 2, 2015February 27, 2019 By admin

By Mounica Kasturi, SLS Pune Editor’s Note: In this case, the claim for damages was made by the dependants of a person who died in an accident caused by the negligence of the driver of a jeep maintained by the Government for official use of the Collector of Udaipur while […]

Vicarious Liability of State

On September 5, 2014March 22, 2019 By admin

By Subhyanka Rao, RMLNLU Editor’s Note: Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In the field of Torts, it is considered to be an exception to the general rule that a person is liable for his own acts […]

General Defenses In Torts

On September 2, 2014March 21, 2019 By admin

By Aditi Agarwal, NUALS Editor’s Note: The writer goes into detail with respect to the term defense and its meaning. She describes defence as conventionally used to refer to arguments used to persuade the court to conclude that the defendant is not to be blamed, whether the case is that of […]

Right To Information Act, 2005

On August 12, 2014March 15, 2019 By admin

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 […]