Category Archives: Law of Torts

Law of Torts

Relevancy of Motive in Tortious Liability

It is important to know whether the motive behind an action is relevant to constitute tortious liability or not even though the motive is largely irrelevant in penal laws, except to determine the punishment. This article discusses the relevancy of motive in tortious liability and the exceptions to the rule. Moreover, it is very often that “motive” and… Read More »

Essentials of the Law of Torts | Explained

The Law of Torts allows the plaintiff to claim damages from the defendant for a tortious act. The term “tort”, has been derived from the Latin word tortum which means “twisted” or “crooked”. Although there has been no unanimous consensus on a specific definition of what constitutes a tort, there has been an agreement on the elements that… Read More »

An Introduction to Tort Law

Tort Law aims to provide redress to parties whose legal rights may have been affected by a civil wrong. However, not all civil wrongs find redress under the law of tort. This article aims to introduce readers to the basic elements of the tort law such as the definition, nature, and the scope of tort. I. The Aims… Read More »

Res Ipsa Loquitur in Tort Law

Res Ipsa Loquitur means “things speak for themselves”. It seems to be a clear and straightforward maxim to grasp and apply prima facie. It is not, however, as plain as it seems to be. Among law students, there is a common thought, “Res ipsa loquitur, sed quid in infernos dicetne?”, which translates into “The thing speaks for itself,… Read More »

Act of God (Vis major) in Tort Law

An Act of God or vis major is a general defence used in case of an incident/occurrence in which the defendant has no power over it. In such a case, the damage is inflicted by the forces of nature and in such circumstances, the defendant would not be responsible for any unintentional harm under the rule of tort.… Read More »

Novus Actus Interveniens: Meaning, Elements and Exceptions

The Latin terminology of novus actus interveniens or nova causa interveniens is characterised as the action of an independent third party. The Black Law Dictionary defines it as an intervening cause. This article provides an insightful analysis of novus actus interveniens and its various aspects. I. Introduction Novus actus interveniens is characterized as an occurrence that happens in… Read More »

Important Definitions Under Consumer Protection Act

Important Definitions Under Consumer Protection Act | Overview Introduction Consumer Commercial Purpose Complaint Complainant Unfair Trade Practice Conclusion This article intends to reflect upon the certain important definitions under Consumer Protection Act, and how the meaning and scope of those legal terms have been defined, understood and restricted through a series of cases. Consumer Protection Act is milestone… Read More »

Intent and Reasons behind Consumer Protection Act 1986

Intent and Reasons behind Consumer Protection Act 1986 | Overview Introduction United Nations and Guidelines for Consumer Protection Rights of the Consumer The Limitations and shortcomings of the Consumer Protection Act 1986 Conclusion The intent and the reasons behind the Consumer Protection Act 1986 are analyzed and explained in this article. The aim of the Consumer Protection Act… Read More »

Agencies created for Consumer Redressal: Overview

Agencies created for Consumer Redressal | Overview Introduction District Redressal Forum State Commission National Commission Jurisdiction Conclusion The Agencies created for Consumer Redressal are the platforms to obtain justice for aggrieved consumers.  Countries all over the world have adopted laws in order to protect the rights and interests of the Consumers. Consumers are an important stakeholder as well… Read More »