Found 1005 Articles for Legal Studies

Act of God: Definition and Meaning

Mukesh Kumar
Updated on 11-Apr-2023 11:10:00

647 Views

The general defense of an act of God is applied in tort cases when an incident occurs that the respondent has no resistor over and the impairment is caused by natural causes. In those circumstances, the defendant will not be held liable in tort law for such unintentional harm. Acts of God are characterized as situations for which no human prudence can prepare, of which human caution is not required to be aware, and which, when they do occur, end in tragedies without the need to pay for the repercussions that follow them. Meaning of Act of God ... Read More

Breach of Confidence

Mukesh Kumar
Updated on 11-Apr-2023 11:05:45

100 Views

To ensure protection of an idea, it must meet the minimum requirement of being well-formed and viable enough to be transformed into a reality. Once the idea or concept reaches this stage, privacy laws mandate that individuals who possess knowledge or require information regarding the invention are obliged to maintain confidentiality and avoid any breaches of trust. Meaning of Breach of Confidence The legislation governing violation of confidentiality is intended to safeguard confidential information, which in turn enables creators to safeguard their notions and principles and enjoy the benefits of their hard work and insight. It is noteworthy ... Read More

False Light: Definition and Meaning

Mukesh Kumar
Updated on 11-Apr-2023 11:00:55

158 Views

In a false statement tort, the plaintiff typically has to show that the statement was made on display to the public, that it was egregiously offensive, and that it caused the plaintiff's personal harm, such as emotional distress. The dissemination of lies in this tort can also be defamatory. Defamation and this tort frequently overlap. Depending on the jurisdiction, there are significant variations between the two torts; in some jurisdictions, false light is not even recognized as a tort. Meaning of False Statement False light allegations are made when information with false implications is released about a ... Read More

Duty of Care: Definition and Meaning

Mukesh Kumar
Updated on 11-Apr-2023 10:52:37

86 Views

A duty of care clause may be included in a written contract, but it is frequently an implied obligation that comes with being a corporate director. They must perform their role by making morally, monetarily, and legally sound decisions. All relevant data should be considered before making these decisions. Meaning of Duty of Care The obligation that an individual or organization has while transacting business with or otherwise cooperating with another person or organization is known as a duty of care. According to tort law, a person or association has a duty of care to act in ... Read More

Abuse of Process in Criminal Proceedings

Mukesh Kumar
Updated on 11-Apr-2023 10:48:47

195 Views

Civil wrongs that don't cause bodily harm can be classified as "dignitary torts, " which are wrongs that have diminished someone's reputation or dignity. Defamation, malicious prosecution, and abuse of the legal system are just a few instances of dignitary torts. Abuse of process is when someone uses the legal system in a manner that does not always serve the main legal action. Instead, another goal is achieved through the abuse of procedures. An abuse of process claim can be made against someone even if the fundamental legal grounds for the lawsuit were legitimate, despite the tort sounding somewhat similar ... Read More

Execution of Decree

Mukesh Kumar
Updated on 11-Apr-2023 10:43:05

590 Views

There are three phases to a lawsuit: filing, decision-making, and implementation. Execution refers to the final phase of a lawsuit, which is when it is really put into action. It is the responsibility of the party (judgment debtor) against whom the decree or judgment is passed to give effect to the decree in order for the decree-holder to benefit from the decision. A judgment debtor is compelled to carry out the decree or order's instructions through execution. Giving effect to a court of justice's order or decision is known as execution. The execution is complete when the decree-holder receives the ... Read More

Types of Lawsuits

Mukesh Kumar
Updated on 11-Apr-2023 10:29:51

340 Views

Resolution of private law conflicts between individuals, corporate entities, or nonprofit organizations may be the subject of a lawsuit. In the sense that the state is treated as if it were a private party in a civil case, whether as a plaintiff with a civil cause of action to enforce certain laws or as a defendant in actions contesting the legality of the state's laws or seeking monetary damages for harms caused by state agents, a lawsuit may also involve issues of public law. What is Lawsuit? In a civil court of law, a lawsuit is a legal action ... Read More

Meaning & Essentials of Suit

Mukesh Kumar
Updated on 11-Apr-2023 10:24:01

5K+ Views

The Code of Civil Procedure, 1908, governs the conduct of civil proceedings in India. It is crucial to ascertain the court's jurisdiction under Section 9 and the location of the lawsuit under Section 18 of the CPC prior to filing a civil complaint. The institution of the lawsuit under Section 26 of the CPC is the first stage in the civil litigation process. The provisions of filing a lawsuit under Section 26 of the CPC are thoroughly examined in the current article. What is Suit? The definition of "suit" is broad. The lawsuits brought pursuant to CPC 1908 ... Read More

Public Nuisance Vs Private Nuisance

Mukesh Kumar
Updated on 11-Apr-2023 10:13:41

5K+ Views

Our neighbors may have gotten in our way on several occasions by "enjoying" the freedom to utilize their own property however they like. Be it loud music, boisterous and packed gatherings, reconstruction projects, etc. One would question their own right to peacefully enjoy their land in the face of all this. While it is conceivable to gain everyone's right to peacefully enjoy their own property, it cannot be done in an absolute way. Meaning of Public Nuisance A public nuisance occurs when there is an unreasonable, unjustified, or illegal interference with a right that the general public shares. A ... Read More

Wrongful Death: Meaning and Types

Mukesh Kumar
Updated on 11-Apr-2023 10:10:31

122 Views

A wrongful death case may be brought about by a variety of different events, including medical negligence, car accidents, toxic torts, manufacturing flaws, or criminal activities. Every state has a different wrongful death statute, along with different requirements and steps for filing a wrongful death claim. There may be instances where specific government agencies are exempt from prosecution for wrongful death lawsuits. What is the Meaning of Wrongful Death? When someone is killed as a result of the carelessness or wrongdoing of another person or group, this is known as a "wrongful death." A wrongful death lawsuit is a ... Read More

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