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Vicarious liability reflection paper
Case studies of vicarious liability
With the aid of case law, explain vicarious liability
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Vicariouis Liability and Article 21
I take this opportunity to express my gratitude and personal regards
to Mrs. Stelina jolly for inspiring and guiding me during the course
of this project work.
I also owe my sincere thanks to the library staff, National Law
University for the cooperation and facility extended from time to time
during the progress of my project work.
And last but not the least I must give my humblest gratitude to my
parents and my friends for their support and encouragement.
[GOPAL BOSE]
OBJECTIVES AND METHODOLOGY
OBJECTIVES:
1: TO FIND OUT AND STUDY THE RELATIONSHIP BETWEEN THE VICARIOUS
LIABILITY AND ARTICLE 21
2: TO DRAW UP THE BASIC TRENDS BY ANALYSING VARIOUS CASES
METHODOLOGY
THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE
THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC
AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION.
TABLE OF CONTENTS
1:………………………………..INTRODUCTION
2:………………………………..RELATION
3:………………………………..CASE ANALYSIS
4:………………………………..CONCLUSION
5:………………………………..ANNEXURE
6:………………………………..BIBLIOGRAPHY
INTRODUCTION
In India the punishments for crimes has occupied the system than the
compensation for wrong. Therefore the idea of torts has come a bit
late but now it is well established in India.[1]Infact tort is a wide
concept in law and a continuous process. New concepts keep on
indulging in it. The very concept of 'vicarious liability under
article 21' is new one. It is emerging as an indispensable part of
law. Article 21 provides the right to life and personal liberty, in a
very broad sense, and vicarious liability deals with providing the
compensation to injured, by the master for the wrong committed by his
servant. so basically we can say that it is a merging of
constitutional law with law of torts .In order with far reaching
consequences, the Supreme Court of India has extended the scope of
article 21 of the Indian Constitution (protection of life and personal
liberty ) to foreign nationals visiting India.
In the Model Penal Code, section 2.01 discussed are the requirements of voluntary act; Omission as Basis of Liability; and Possesion as an Act. Mainly focusing on the “Voluntary” and “Involunatary” sections, first, stated is that “A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. Secondly, stated are acts that are not voluntary wihin the meaning of this section following as, “A reflex or convulsion; a bodily movement during unconsciousness or sleep; conduct during hypnosis or resulting from hypnotic suggestion; and a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.” These requirements correspond with the Latin term “Actus Reus” which is a term used to describe a criminal act. Actus Reus is the wrongful dead that compromises the physical components of a crime. There is a fundamental principle stated in the case textbook that criminal liability always entails an “Actus Reus”, that is, “the commission of some voluntary act that is prohibited by law.”
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
A tort is a wrong. More precisely, a tort is a violation of a duty imposed by the civil law. When a person breaks one of those duties and injures another, it is a tort. The injury could be to a person or her property. In a tort case, it is up to the injured party to seek compensation. She must hire her own lawyer, who will file a lawsuit. Her lawyer must convince the court that the defendant breached some legal duty and ought to pay money damages to the plaintiff. A crime is an act so threatening that the government itself will prosecute whether the injured party wants the case to go forward. A district attorney, who is paid by the government, will bring the case to court seeking to send the defendant to prison. If there is a fine,
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In order to do that, first, the essay will define what understand by “jurisdiction” and the elements of the extraterritorial jurisdiction. Next, it analyses some key decisions and advisory opinion from the International Court of Justice and the European regional system in order to prove that extraterritoriality jurisdiction is already applicable and therefore, if the State fails to guarantee the rights contemplated in the human rights treaties, it incurs in international responsibility. Lastly, the essay will sum up the analysis and make some final remarks.
Considerable effort has been expended in attempts to identify the purpose of the law of torts. However, the range of interests protected by the law of torts makes any search for a single aim underlying the law a difficult one. For example, actions for wrongful interference with goods or trespasses to land serve fundamentally different ends from an action seeking compensation for a personal injury. Nevertheless, following the research I have carried out the fundamental purpose of the law of torts is to achieve compensation and appeasement and to obtain deterrence and justice, in order to determine the conditions under which certain losses may be shifted to persons who created the risks which in some way led to the losses. In doing so, the law of torts attempts to balance the utility of a particular type of conduct against the harm it may cause. During the course of this essay I will discuss each function separately and I will investigate how each function achieves its individual resolution of a tort.
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Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
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In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...
In Private International Law, whenever a question of conflicts of law arises, especially in English cases, and a reference is made to a foreign law, doctrine of renvoi comes into play. In this paper, we will have a quick glance on what renvoi means, its kinds, scope, objections, to what extent it is followed in English case law, analysis and finally conclusion.
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