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
The Indian civil justice system
resembles its common law counterparts.
Itfeatures a coordinate, pyramid structure of judicial authority,
emphasizes formalprocedural justice dominated by litigants of equal status engaged in adversarialprocesses,
and provides binding, win-lose remedies.
The practical application of this system in India has achieved mixedresults.
Some observers have recently emphasized the positive role played by astrong Indian judiciary in increasing the accountability of democratically electedofficials.
Yet, others believe the adversarial procedural justice system in Indiahas failed from its inception.
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.
Based on the views of a broad array of legal experts in India,
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