Tag: tort law

Corporate Liability for Environmental Damage.

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| law of torts

Corporate liability for environmental damage in India has evolved as a critical legal mechanism to address the ecological consequences of rapid industrialization. The framework combines statutory regulations, judicial precedents, and principles like “polluter pays” to hold businesses accountable for environmental harm. While India boasts comprehensive legislation, challenges in enforcement and resource allocation persist, creating a […]

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The Doctrine of Res Ipsa Loquitur.

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| law of torts

Introduction Res Ipsa Loquitur is a Latin phrase that means the thing speaks for itself. In the law of torts, it is a very popular doctrine. In cases, where the evidence is itself sufficient to prove the guilt of the defendant, the maxim is used there. So, the maxim points out any circumstantial evidence or an object […]

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Tort of Conspiracy in Tort Law.

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| law of torts

The tort of conspiracy is still in the nascent stages of development in India. While we are yet to see a successful claim for damages instituted for committing the tort of conspiracy, the principle is being explored and entities may be able to protect their business interests, provided the immensely high standard of proof required […]

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The Pigeon Hole Theory under Law of Torts.

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| law of torts

Introduction Is it law or Tort or law of Torts? This question gave rise to multiple theories by various academic scholars who tried to answer this question by their understanding of tort/torts under the common law system. The rise of this particular question also came from one of the most esteemed scholars, Salmond who asked, […]

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Concepts and Essentials of Torts

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| law of torts

A Tort is considered to be that legal concept possessing the characteristics to be listed here namely: A civil right not in itself consensual in character although sometimes connected with, or even arising from, a consensual transaction; a violation of such right by omission or commission resulting in the breach of a civil duty; and […]

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The Legal Maxim Ubi jus ibi remedium essential

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| law of torts

The Latin maxim ubi jus ibi remedium, which translates to “where there is a right, there is a remedy,” serves as a foundational principle in legal systems across the globe. It encapsulates the idea that for every legal right, there is a corresponding remedy available through the courts. This maxim is the cornerstone of the […]

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Malicious Prosecution under Law of Tort.

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| law of torts

Malicious prosecution denotes the wrongful initiation of criminal proceedings. It is prosecution against a person without any likely cause that causes damages. It is a kind of tort, and the victim has the right that he even can sue the police authorities for any such wrong done by them. Liability arising out of malicious prosecution […]

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