Found 1005 Articles for Legal Studies

Loss of Consortium: Meaning and Definition

Mukesh Kumar
Updated on 11-Apr-2023 11:55:39

149 Views

In tort law, the term "loss of consortium" refers to the deprivation of the advantages of a family relationship as a result of harms brought on by a tortfeasor. The term "consortium" here refers to the privilege of two married individuals to associate and fellowship with one another. Three theories of damages are available: medical expenses already paid or yet to be paid by the plaintiff; the loss of services provided by an injured spouse; and loss to society (within certain parameters). In many jurisdictions, the common law rule of the consortium has been changed or eliminated by ... Read More

Libel: Definition and Meaning

Mukesh Kumar
Updated on 11-Apr-2023 11:51:17

81 Views

Defamation that is written or broadcast is known as libel. When someone uses their words to harm another person's image or impair their capacity for employment, this is referred to as defamation. Libelous individuals may be punished civilly and, in the past, criminally. Along with obscenity and fighting terms, libel was once thought to fall under the First Amendment's exclusionary speech protections in the United States. Over the course of the 20th century, this began to alter as court rulings started to favor free speech over the shield of those who had been harmed by hypothetically defamatory speech. ... Read More

Institution of Suit under Civil Procedure Code

Mukesh Kumar
Updated on 11-Apr-2023 11:47:34

2K+ Views

The primary objective of a nation's legal framework is to impose responsibility for upholding the rights granted to its citizens by the law. According to this definition, the wrongdoer is the one who violates that responsibility. An act of wrongdoing is classified as either public or private, with the former being done against society. When compared to the latter, the former has greater gravity. The first category is referred to as "crime" in legalese and is governed by the criminal laws (substantive and procedural), whereas the second category is referred to as "civil wrong" and is governed by ... Read More

Important Definitions under Indian Contract Act, 1872

Mukesh Kumar
Updated on 11-Apr-2023 11:43:37

900 Views

The Indian Contract Act 1872 is a piece of legislation that the British passed in India to regulate contracts and agreements. It was written to safeguard both parties from unfair terms they might not have been aware of when consenting to them and to lay out guidelines for what happens when one side violates the terms of the agreement. For persons who enter into agreements with others in India or overseas, this act, which is still in effect today, offers legal safeguards. What does Indian Contract Act of 1872 Define? The law that controls India's contract law is known ... Read More

Health and Safety in the Workplace

Mukesh Kumar
Updated on 11-Apr-2023 11:37:47

137 Views

The beginning of the industrial revolution marked a significant turning point in the development of health standards in the workplace. Health at the workplace, also known as occupational health, aims to improve the working environment while promoting employee well-being and a healthy lifestyle. Effective health and safety performance guarantees an accident-free work environment. This branch of healthcare is concerned with the overall physical, psychological, and social health of workers in all professions. The continuous and unwavering effort of various legislative authorities as well as NGOs have significantly improved occupational health and safety (OH&S) awareness in India. The importance ... Read More

Inevitable Accident Vs Act of God

Mukesh Kumar
Updated on 11-Apr-2023 11:34:05

2K+ Views

Over the course of its existence, tort law has changed. The rejection of compensation claims is based on a few principles. These counterclaims or defenses are employed to release from tort liability those individuals who have been wrongfully accused and subjected to erroneous claims. To stay current with the grounds for imposing tortious liability on a person, several defenses have occasionally been developed. A tort can be defended against in a variety of ways, including by pointing out necessity, inevitable accidents, or an act of God. Meaning of Inevitable Accident Any occurrence that neither party could have avoided is ... Read More

Child Labor And Forced Labor

Mukesh Kumar
Updated on 11-Apr-2023 11:31:09

97 Views

The two most serious problems in India are child labor and forced labor, both of which continue to be very difficult for the economic and social development of the country. Numerous laws and policies have been put in place by the Indian government to stop these practices, but millions of children and adults are still subjected to various forms of child and forced labor all over the country. Both child labour and forced labour are regarded as serious violations of human rights and are prohibited in most nations. Meaning of Child labour The term "child labour" refers ... Read More

Doctrine of Pleasure

Mukesh Kumar
Updated on 11-Apr-2023 11:27:26

875 Views

An English common law principle states that a monarch's civil servant keeps his job and benefits from it for the term of the monarch's pleasure. The doctrine of pleasure is founded on public policy, and whenever the Crown feels that a civil servant should be relieved of their duties because staying in that capacity would be contrary to public policy, it may do so. The doctrine of pleasure is a common law principle that is granted by the Indian Constitution. The same rule also holds true for India. What is Doctrine of Pleasure? According to the Doctrine of Pleasure, the ... Read More

Comparative Negligence: Meaning and Types

Mukesh Kumar
Updated on 11-Apr-2023 11:19:59

99 Views

The idea of comparative negligence is used in law to assess the level of responsibility of each participant involved in an accident or incident. It is frequently applied in personal injury lawsuits if it is determined that both parties share some of the blame. Comparative negligence permits the division of blame among the parties and establishes the number of monetary damages that each party is entitled to receive. Comparative negligence may affect your ability to obtain compensation for a personal injury lawsuit. When both participants in an accident are found to be at least somewhat at fault, the ... Read More

Extinction of Liability in Tort

Mukesh Kumar
Updated on 11-Apr-2023 11:14:57

2K+ Views

Extinction of liability, also known as discharge of liability, describes a situation in which a tortfeasor's liability may disappear after a predetermined amount of time. Despite a tortfeasor's liability, the window of opportunity to seek redress has passed. The plaintiff is not entitled to damages from the perpetrator. Meaning of Extinction of Liability in Torts When a tort is extinguished, the conditions are such that the culpability still exists, but the available remedy is no longer available. Reaching an end to the tort is the definition of discharge of tort or liability. It is a procedure by which the ... Read More

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