Capital punishment, what’s your say?

Capital punishment is a punishment by death. In today’s world, 36 countries actively practice capital punishment, 103 countries have completely abolished it, 6 have abolished it for ordinary crimes only and around 50 countries have not used it for at least 10 years now. The four most populous countries in the world i.e China, India, The United States and Indonesia practice capital punishment. However, out of the 15 most developed nations of the world, around…

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Tort and Consumer Protection

In archaic society, revenge and retaliation were provoked by intentional wrongdoing, like murder. Reprisal was not limited to these wrongs, however. The motive for revenge could stem from simply being injured by another, regardless of fault. “Wrong” in this sense means nothing more than “injury caused by another”. A wrongdoer of this type could face a response involving punishment, revenge and the payment of monetary compensation for the harm. These responses of injury-causing behavior are…

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Nuisance as a Statutory Tort

Nuisance is unacceptable interference with the personal comfort or amenity of neighbors or the nearby community. The range of activities that may give rise to an action in nuisance is manifold, such as emission of noxious fumes, smoke or noise emission. But not every instant of smoke or noise can be characterized as a nuisance. Thus it is impossible to explicitly state what is termed as nuisance. Thus as observed in St Helen’s Smelting Co…

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Regulating Act, 1773

A great step was taken in the Indian Legal History when the Supreme Court of Judicature was created at Calcutta under the Regulating Act of 1773 By 1773, East India Company of Britain was facing terrible financial straits. The company had a great significance to Britain as it was doing monopoly business in India and east and many influential people of Britain were attached with the company as shareholders. The company paid four hundred thousand…

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Vicarious Liability -Overview and Essentials

Vicariously liability is a form of a secondary liability which mean the liability of a person is with respect to act or omission of someone else working under his instructions. This form of liability binds the owner for the acts of the servant done in course of employment . Vicarious liability is seen as a part of the tort law which is civil law other than contracts. Vicarious liability has been developed as a result…

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ESSENTIALS OF A VALID CONTRACT

Contract law in India is governed by the Indian Contract Act, 1872(ICA) a law developed in the British Era of the Indian state. The law was formulated by the Third Law Commission set up in 1861 under Sir John Romilly. The laws being created and crafted by the British were based on the principles of English common law. We enter into many agreements on a daily basis that may be implied or explicit. However, certain…

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LEGAL ISSUES IN CYBERSPACE

The cyber space has been the greatest example of the human advancement with all the world, services and products available on the world wide web. With all transactions and money flows hugely shifting towards this virtual existence, it has also provided as a breeding ground for frauds, cheating and offences.  The legal issues that are faced in cyber space can broadly be divided into  types are as follows:             Domain Name Issues Typo squatting –this…

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COPYRIGHT -Essentials as per the governing law

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights to make use of it and provide him the exclusive right to distribution of his copy right material. Also, these rights provided with respect to the claim are for a limited time only so as to enable the original creator of the work who hold the copy right to receive compensation i.e. to…

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Nuisance as an offence

Nuisance is derived from nuire which is a French word and means “to do hurt” or “to annoy”. Nuisance is an offence under the English common law and is seen as a part of tort law. Nuisance is a direct result of the law recognising the right of a person for unlimited enjoyment of his land within the ambit of law. Nuisance is anything done to annoyance or the hurt of lands, hereditaments or tenements…

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Defamation: Explanation, Definition and Types

The reputation of a man is an invaluable asset to him and every man has the right to preserve his repution inviolate. By reputation is meant, the opinion held by the world in general. The right of reputation is jus in rem i.e. right that a person holds against the entire world. A man’s reputation is his property and a person’s right over it is seen as an inherent personal right. It is the wrong…

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