General Defences under Torts are those defenses that are used to escape liability in case of torts committed. The following are the defense that include the plaintiff’s actions- Volenti Non Fit Injuria- ‘Consent’ Volenti non fit injuria in Latin means “to a willing person, no injury is done.” In this defense, the burden comes on […]
The Sports Industry is starting to gain a lot of importance in mainstream culture as well in the Economy of nations. Therefore, it’s not surprising to find several legislations, laws, rules and other forms of Legal bindings within the Sports Industry. For example, the concept of Contracts as a promise that the players and sporting
INTRODUCTION In India, the right to privacy is a fundamental right and also a customary right. In the field of torts, in certain cases a breach of individual privacy can be considered as an offence. Tort is a civil wrong. An invasion of privacy, in tort Law allows the aggrieved to file a suit against
The definition of responsibility in tort is based on the fundamental rule or presumption that, though precise provisions are absent, it is wrongful to do injury to other people. In statute, where an individual is financially and legally accountable for something, an individual is considered to be legally responsible, and the end results are the
Negligence is a failure to take reasonable precautions to avoid causing any form of harm or damage to someone else. The three important essentials which make an act or omission negligence are: (a) the defendant owes a duty of reasonable care to the plaintiff, (b) Such defendant has breached his duty of care towards the
Medical negligence gives rise to civil as well as criminal liability [1]. In civil wrongs, an aggrieved person can file a claim of compensation either through suit or a complaint lodged in consumer forum. Since the enactment of the Consumer Protection Act, 1986, there has been a significant increase in medical negligence cases being filed.
The Motor Vehicle Act (Amendment), 2019 gives detailed legislative provisions regarding licensing of vehicles, registration, control of vehicles through permit, provisions related to state transport, insurance, traffic management and regulations, offences and penalties concerning motor vehicles on roads. As the ever so development and technological advancements are happening in the automobile field and with that
The term ‘Defamation’ can be well understood with a proverb ‘think before you speak’. Any statement made against the other party, which tends to lower his status among the right-minded people can get you two years of jail term! In the case of Nambi Narayan v. Silbi Mathews[1], the Supreme Court held that the reputation of an individual is an insegregable part of his right to live with dignity.
Sovereign Immunity justifies the wrongs committed by a State and its servants. That means even when the state or its representative has committed a wrong with all essentials of an actionable claim, it can steer clear of liability under this doctrine.
