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Handbook on Law of Torts: Material & Cases

Autor Birendra Mohan Thakur
en Limba Engleză Hardback – 12 aug 2016
Tort means a civil wrong. Tort cases include injury in road accidents, injury or death due to spurious foodstuffs, negligent treatment in hospitals, excesses by police authorities etc. Tort is breach of some duty independent of the contract which has caused damage to the plaintiff giving rise to civil cause of action and for which remedy is available. If there is no remedy, it cannot be called a tort because the essence of tort is to give remedy to the person who has suffered injury. In India, tort law is a relatively new area based on common law, supplemented by codifying statutes including statutes governing damages. While India generally follows the English law, there are certain differences which may indicate judicial activism, hence creating controversy. There is little tort litigation in India due to: (a) lack of awareness about ones rights, (b) spirit of tolerance among Indians, (c) high cost of litigation which is beyond the means of poor people, (d) undue delay -- particularly in civil cases -- in the final disposal of cases and (e) discouraging attitude of the courts in tort cases. The law of torts has a social relevance in India where illiteracy and ignorance are widespread. The marginalised and vulnerable sections of the society, particularly in rural areas, do not understand their rights and privileges under the Constitution of India and the laws enacted thereunder. The law of tort needs to be understood by one and all. This handbook explains the law of tort in simple and easily comprehensible language. It will be of immense help to students and practitioners of law.
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Specificații

ISBN-13: 9788177084269
ISBN-10: 8177084267
Pagini: 228
Dimensiuni: 145 x 230 x 23 mm
Greutate: 0.52 kg
Editura: New Century Publications
Colecția New Century Publications (IND)

Cuprins

Meaning & Definitions; Liability in Tort: Conditions; General Defences in Tort; Vicarious Liability; Remoteness of Damages; Classes of Torts; Doctrine of Strict Liability; Absolute Liability; Public Liability, Liability Insurance & Public Liability Insurance Act, 1991; Trespass; Nuisance; Negligence; Defamation; Malicious Prosecution; Annexure 1: Important Facts about Torts; Annexure 2: Important Questions for UPSC & Other PCS Examinations; Annexure 3: Model Questions & Answers; Annexure 4: Format of Writ Petition; Annexure 5: Specimen Form of a Writ Petition; Annexure 6: Model Forms; Annexure 7: Indian Easement Act, 1882; Annexure 8: Motor Vehicles (MV) Act, 1988; Annexure 9: Fatal Accidents Act, 1855; Annexure 10: Workmens Compensation Act, 1923; Annexure 11: A Brief Case Analysis: Bhopal Gas Leak Disaster; Annexure 12: Law of Torts: Syllabus for University Examination & Recommended Readings; Index.