The determination of degree of care in Tort case
Degree of care is not a phrase with static connotation. Its meaning would depend on given fact situation- the person who owes a duty to take care, the person whose…
The doctrine of res ipsa loquitur- the thing speaks for itself
The doctrine of res ipsa loquitur, means the thing speaks for itself. Under the doctrine of res ipsa loquitur a plaintiff establishes a prima facie case of negligence where, (I)…
The calculation of compensation in Tort Case
Personal injury may cause non-pecuniary as well as pecuniary loss to the plaintiff. Non-pecuniary loss includes damages on the heads of, (i) pain and suffering; (ii) loss of amenities and…
Klaus Mittelbachert v. East India Hotels Ltd. (1997)- The case of Negligence
Facts of the case Klaus Mittelbachert, a German national born, was a co-pilot in Lufthansa. He landed at Delhi and was scheduled to continue the flight to Frankfurt. For the…
Medical Negligence- Breach of duty in Medical Profession
Negligence as a tort is the breach of a duty caused by omission to do something which a reasonable man would do or doing something which a prudent and reasonable…
Tortious responsibility of state for the atrocities done by Police
The doctrine of sovereign immunity of the State would be subject to the constitutional mandate enjoining a duty on the State not to deprive any person of his life or…
Tort of Misfeasance in the public office
`Tort’ has been derived from the Latin word “tortus” which means “twisted” or “crooked”. In its original and most general sense, “tort” is a wrong. Jowitt’s Dictionary of English Law…
Principle of Act of State under Tort- In Detail
The concept of public interest has changed with structural change in the society. No legal or political system today can place the State above law as it is unjust and…
Malice and Malicious abuse of legal Process
Malice means wickedness of purpose, or a spiteful or malevolent design against another; a purpose to injure another; a design of doing mischief, or any evil design or inclination to…
Negligence by professionals
A surgeon with shaky hands under fear of legal action cannot perform a successful operation and a quivering physician cannot administer the end-dose of medicine to his patient.