Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Legal Liabilities

Legal Liabilities

Ratings: (0)|Views: 25|Likes:
Published by Khadilkar Kanchan
text
text

More info:

Published by: Khadilkar Kanchan on May 14, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

05/14/2013

pdf

text

original

 
1.
Intentional torts-
The term "tort" is a legal term derived from the Latin word "tortus", meaning a"wrong".tort liability is a type of insurance coverage that provides remedies for personssued for damages when they injure or kill someone else through their ownnegligence.Intentional torts are any intentional acts that are reasonably foreseeable to causeharm to an individual, and that do so. Intentional torts have severalsubcategories, including torts against the person, property torts, dignitary torts,and economic tort
2.Absolute liability-
is a standard of legal liabilityfound intortandcriminal lawof variouslegal  jurisdictions.To be convicted of an ordinary crime, in certain jurisdictions, a person must not onlyhave committed a criminal action, but also have had a deliberate intention or guilty mind(
mens rea
). In a crime of 
or 
absolute liability 
, a person could beguilty even if there was no intention to commit a crime. The differencebetween
strict 
and
absolute
liability is whether the defence of a
mistake of fact 
isavailable: in a crime of 
absolute liability 
, a mistake of fact is not a defence.n India, absolute liability is a standard of tort liability which stipulates thatwhere an enterprise is engaged in a hazardous or inherently dangerous activity andharm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas theenterprise is strictly and absolutely liable to compensate all those who are affected bythe accident and such liability is not subject to any of the exceptions which operate vis-à-vis the tortious principle of strict liabilityunder the rule in
.
In other words absolute liability is strict liability without any exception. This liabilitystandard has been laid down by theIndian Supreme Courtin
. These exceptions include:-
Plaintiff’s own mistake
Plaintiff’s consent
Natural disasters
 
Third Party’s mistake
Part of a statutory dutyThe Indian Judiciary tried to make a strong effort following theBhopal Gas Tragedy,December, 1984 (Union Carbide Company vs. Union of India) to enforce greater amount of protection to the Public. The Doctrine of Absolute Liability can be said to be astrong legal tool against rogue corporations that were negligent towards health risks for the public. This legal doctrine was much more powerful than the legal Doctrine of StrictLiability developed in the UK case Ryland’s Vs. Fletcher. This meant that the defaulter could be held liable for even third party errors when the public was at a realistic risk.This could ensure stricter compliance to standards that were meant to safeguard thepublic..
3.
 
Negligence
is a failure to use reasonable care that results in harm toanother party. Under
negligence law
, there are two different formsof negligence. In one form, a person does something that a reasonableperson would not do. In the other form a person fails to take actionthat a reasonable person would take to prevent harm. Both forms of negligence can result in a
negligence lawsuit
filed against the partyresponsible for the damage.Negligence law states that a person or an organization is generallyliable when they negligently injure others.If the injured party can prove that the responsible party failed toexercise care that a reasonable party would have, or that, in thecircumstances, the law requires for the protection of other persons orthose interests of other persons, the injured party may be entitled tocompensation. If an injured party has suffered due to negligentbehavior, she has the right to be compensated for physical oremotional injury, harm to her property and/or financial status.Negligence is a legal concept usually used to achieve compensation foraccidents and injuries. Negligence is a type of tort or delict (a legalobligation between two or more parties even if there is no contractbetween those parties) and a civil wrong, but can also be used incriminal law. It can be divided into the following levels:Ordinary negligence means the responsible party has shown a lack of ordinary diligence; Slight or less than ordinary negligence means theresponsible party has shown a lack of great diligence; Grossnegligence means the responsible party has shown a lack of evenslight diligence.
 
Most negligent acts are unintentional but others are categorized aswillful, wanton or reckless. As well, deliberate judgments that aredangerously careless, such as a faulty building design, could beconsidered an act of negligence.If a defective product is deemed unreasonably dangerous (e.g. faultyseat belt buckles), the manufacturer may be liable, even though thefaulty design was unintentional. However, there is no law upon themanufacturer to produce a product that is 'accident-proof.' The manufacturer is required to make a product that is free from defective andunreasonably dangerous conditions.There are four important elements to a negligence lawsuit that must beproven:1.The defendant owed a duty, either to the plaintiff or to the generalpublic2.The defendant violated that duty3.The defendant's violation of the duty resulted in harm to the plaintiff 4.The plaintiff's injury was foreseeable by a reasonable person.
4.Special tort liability problems – not able to find
5.
The Indian civil justice system
resembles its common law counterparts.
1
Itfeatures a coordinate, pyramid structure of judicial authority,
2
emphasizes formalprocedural justice dominated by litigants of equal status engaged in adversarialprocesses,
3
and provides binding, win-lose remedies.
4
The practical application of this system in India has achieved mixedresults.
5
Some observers have recently emphasized the positive role played by astrong Indian judiciary in increasing the accountability of democratically electedofficials.
6
Yet, others believe the adversarial procedural justice system in Indiahas failed from its inception.
7
As India celebrates its fiftieth year of independence, and as it pursues economic liberalization efforts, it is time toassess its civil justice process and to facilitate the design of long-neededreforms.
8
Based on the views of a broad array of legal experts in India,
9
this Article provides both an assessment of the practical operation of the Indian civil justice system and a set of recommendations designed to meet the challenges of reform.The Indian civil justice system features a civil service of court administrators, an

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->