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 »
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 | 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 | 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 »
How to File a Consumer Complaint: Step by Step Guide | Overview Who can file a complaint? Jurisdiction of Consumer Redressal Agencies Step By Step Guide Grounds for Dismissal Remedies for Complainant This article aims to explain how to file a Consumer Complaint, through a step by step guide and follow up. If a consumer is aggrieved by… Read More »
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 »
To understand the History and Development of Consumer Protection laws in India, it is essential to first understand the need for such laws. A person who buys a product or consumes a service in exchange of monetary consideration is a consumer as per the Consumer Protection Act 1986. Introduction Consumers often face issues if the product is of… Read More »
Tortious Liability: Conditions and Constituents | Overview Introduction Constituents of Tort Liability Wrongful Act Guilt of the Tortfeasor/ Mens Rea Legal Damage Direct Consequences Remedy Conclusion Tortious liability emerges from a breach of a duty which is specified by the law, and this duty towards persons against whom the breach has been conducted leads to an action for… Read More »
Parties & their Capacities to Sue & be Sued in Tort Law | Overview Introduction Parties to Tort Actions Married Women Minor A municipality, centre or state government Corporations Lunatic Alien Enemy Foreign Sovereign Conclusion Introduction All persons or parties have the capacity to sue and be sued in tort law. Anyone who is of sound mind and… Read More »
Pigeon Hole Theory – Salmond’s Theory of Law of Torts | Overview Foundational theories Pigeon Hole Theory Or Salmond’s Theory Of Law Of Torts Supporters of this Theory Criticisms Reception of law of Torts in India Conclusion This article titled “Pigeon Hole Theory- Salmond’s Theory of Law of Torts” is an attempt to analyse one of the foundational… Read More »
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