Product Liability Chapter six shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product seller. “Manufacturer” means a person...
TORTS
76. The word “wrong” in ordinary legal language means and signifies “privation of right’’. An act is wrongful if it infringes the legal right of another, and “actionable” means nothing else than that it affords grounds for action in law. ‘Ordinarily, the word “injury” is used in the same...
A tort is also often referred to as “an actionable wrong” and the two expressions have been synonymously used by eminent writers including Sir Fredriek Pollock and Professor Burdick of America, who has designated his well-known book on the law of torts as “a concise treatise on civil liability...
But the philosophical analysis of every wrong begins by determining what the defendant has actually chosen, that is to say, what his voluntary act or conduct has been, and what consequences he has actually contemplated as flowing from them, and then goes on to determine what dangers attended either...
The distinction between the functions of court and jury does not come in question until the parties differ as to the standard of conduct. Negligence, like ownership, is a complex conception. Just as the latter imports the existence of certain facts, and also the consequence (protection against all the...
The question is whether the manufacturer of an article of drink sold by him to a distributor, in circumstances which prevent the distributor or the ultimate purchaser or consumer from discovering by inspection any defect, is under any legal duty to the ultimate purchaser or consumer to take reasonable...
f a person brings, or accumulates, on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril. If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have...
Any person who unlawfully causes loss or damage to another, whether wilfully or negligently, is obliged to provide compensation.
Supreme Court and the High Courts, being the protectors of the civil liberties of the citizen, have not only the power and jurisdiction but also an obligation to grant relief in exercise of its jurisdiction under Articles 32 and 226 of the Constitution to the victim or the heir...
In the matter of liability of the State for the torts committed by its employees, it is now the settled law that the State is liable for tortious acts committed by its employees in the course of their employment.
Forwarded to the Union Minister of Law and Justice, Ministry of Law and Justice, Government of India by M. Jagannadha Rao, Chairman, Law Commission of India, on ay May 11, 1956. Chairman, Law Commission, New Delhi May 11, 1956. My Dear Minister, 1. I have great pleasure in forwarding...
Hon’ble Apex Court in case of Municipal Corporation of Delhi v. Sushila Devi (Smt.) & Ors., reported in (1999) 4 SCC 317 and made observations referring to the accident caused due to falling of tree. It has bee observed that “the Municipal Corporation has been negligent in discharging such...
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