Thursday, January 11, 2018

When the performance of the contract becomes impossible, the purpose, which the parties have in mind, is frustrated. If the performance becomes impossible, because of supervening event, the promisor is excused from the performance of the contract. This known as doctrin...

Tuesday, January 2, 2018

The concept of contributory negligence is used to characterize conduct that creates an unreasonable risk to one’s self. The idea is that an individual has a duty to act as a reasonable person. When a person does not act this way and injury occurs, that person may be he...

Tuesday, January 2, 2018

  • Definition and Meaning:

“Interpretation”: According to Webster’s New World Dictionary the word Interpretation as “the act or result of Interpreting ; Explanation, Meaning, Translation, Exposition, and word construction is understood as the act or process of const...

Friday, July 14, 2017

  • The history of property rights is age-old. A property is defined as assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interests in such assets.

  • IPRs a...

Friday, July 14, 2017

The Berne Convention deals with the protection of works and the rights of their authors. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing co...

Thursday, July 13, 2017

Ombudsman: A Critical Appraisal

An ombudsman is a person who acts as a trusted intermediary between either the state, elements of state or an organization, and some internal or external constituency, while representing not only but mostly the broad scope of constituent...

Saturday, July 8, 2017

Damage is said to be too remote when, although arising out of the cause of action, it does not immediately and necessarily flow from it, or is such which could not have reasonably been foreseen. There are two tests to determine whether the damage is remote or not. It i...

Saturday, July 8, 2017

Violation of Legal Right Without Causing any Harm

This maxim means violation of a legal right without causing any harm, loss or damage to the plaintiff. Thus, it is the behavior, which is actionable as a tort. It is always actionable as legal wrongs entail a remedy. Eve...

Friday, July 7, 2017

In any legal system there must be liability for failure to observe obligations imposed by its rules. Such liability is known in international law as responsibility. State responsibility in International law refers to liability, that of one State to another for the non-...

Friday, July 7, 2017

As per this view a State is not responsible to another State for unlawful acts committed by its agents unless such acts are committed willfully and maliciously or with culpable negligence. This approach is the subjective responsibility concept which emphasizes that an...

Friday, July 7, 2017

The theory of ‘absolute liability’ establishes the liability of the State arising out of the performance of certain activities which are lawful but create serious risks. This approach is the objective responsibility concept which maintain that the liability of the stat...

Thursday, July 6, 2017

The Bhopal Gas Leak disaster and Shriram Gas Leak tragedy provided an impetus for the passing of the Public Liability Insurance Act, 1991. The Act provides for ‘mandatory insurance’ for the purpose of providing an immediate relief to persons affected by accident occurr...

Thursday, July 6, 2017

Difference in the rules for Strict and Absolute Liability

Ryland Rule 1. The Rylands rule requires non-natural use of land by defendant and escape from land of the thing which causes.

M.C. Mehta Rule 1. The rule in M.C. Mehta is not dependent on these conditions (However...

Wednesday, July 5, 2017

According to the orthodox positivist doctrine, State only are subject of international law. This theory asserts that State alone are the bearers of rights and obligations under international law; individual lack juridical personality because they posses neither rights...

Wednesday, July 5, 2017

Human Right of First Generation

Human rights had found their origin and development as far back in the period of Greeks, French and Romans. They were generated mostly in Greek city State in Ancient times. They were concreted in the form of Magna Carta in United Kingdom...

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