Articles
Clear explanations of Indian law, written for students: concepts, provisions and the cases that shaped them.
The principle of absolute liability was established in India through the landmark case of M.C. Mehta v. Union of India , commonly known as the Oleum Gas Leak case. This judgment marked a significant evolution in Indian…
3 min read
The concept of strict liability in torts, also known as "no-fault liability," means that a person can be held liable for damages even without any fault or negligence on their part. Certain activities are so inherently d…
4 min read
The legal principle "ex turpi causa non oritur actio" means "from an unlawful cause, no action arises." In tort law, this principle prevents a person who has engaged in illegal or immoral conduct from claiming compensat…
4 min read
Joint tortfeasors are individuals who, together, engage in a wrongful act that causes harm to a third party. When two or more persons collaborate to cause damage, they are considered joint tortfeasors. The term itself i…
3 min read
Capacity refers to the legal status of a person to either sue or be sued under the law. In tort law, this capacity generally applies to all persons or parties, but it is not absolute. There are reasonable restrictions o…
8 min read
A tort is a civil wrong that causes harm or loss, leading to legal liability. The law of torts is not codified in India and originates from English law. It covers a wide range of civil wrongs, including both physical an…
8 min read
Under tort law, general defenses are available to those who claim to have a legitimate reason for committing a tort. However, beyond these defenses, there is a specific "immunity" granted to judicial officers and quasi…
4 min read
Statutory authority refers to the legal power derived directly from the legislature. When someone acts under statutory authority and causes harm to another, no legal action can be taken against them, as the act is not c…
4 min read
The concept of self-preservation is universally recognized as a fundamental human instinct. Many democratic nations acknowledge the right to use reasonable force in self-defence when faced with an imminent threat. In to…
4 min read
Necessity, as defined by the Oxford English Dictionary, refers to something essential or unavoidable. In legal terms, necessity serves as a defence to protect individuals who commit an act that would otherwise be consid…
4 min read
An inevitable accident refers to an unavoidable event, despite exercising reasonable care, skill, and caution.
4 min read
In general, a tort is an act or omission that leads to injury or harm to another party. The term "tort" is derived from the Latin word "tortum," meaning wrong or twisted. Torts do not include breaches of contract, and t…
4 min read
