Author: Sesa Gill

Articles

Absolute Liability by Sesa Gill at LexCliq

Inception in India The modifications in the existing Doctrine of Rylands vs. Fletcher led to the development of Doctrine of Absolute Liability(M.C. Mehta v. Union of India ) that prevented the defendants from taking up any defence against payment of compensation:- If an industry or enterprise is involved in any inherently dangerous activity, then for any […]

Read More
Articles

Strict liability in Tort By Sesa Gill at LexCliq

Rule of Strict Liability The strict liability principle is an extremely important concept under the law of torts. The basis of this principle basically lies in the inherent harm that some activities can inflict. For example, leaking of poisonous gasses, as it happened in the Bhopal Gas Tragedy, will attract this rule. Under the strict […]

Read More
Articles

Trespass in Tort by Sesa Gill at LexCliq

Trespass is an area of criminal law or tort law broadly divided into two groups:  1.trespass to goods Trespass to goods refers to the unintentional or intentional interference with the goods which are in the possession of other, without any lawful justification can be termed as trespass to goods. Unlike trespass to land trespass to […]

Read More
Articles

Economic torts by Sesa Gill at LexCliq

Economic torts are tortious interference actions designed to protect trade or business. The area includes the doctrine of restraint of trade. The principal torts are: Passing off, Conspiracy, Deceit Conversion 1.Passing Off Passing off is a wrong, a common law tort which protects the goodwill of a trader from misrepresentation. Misleading the public into believing falsely, that the […]

Read More
Articles

Damnum Sine injuria & Injuria Sine Damnum by Sesa Gill at LexCliq

Introduction The law of torts is a collection of all the circumstances in which court gives a remedy by way of damages, for legally unjustified harm or injury done by one to another person. There are three elements which need to be proved before constituting a tort: – There must be an act or omission […]

Read More