“ Volenti non fitinjuria” (defense in torts) Generally speaking, harm suffered by consent ground no cause of civil action. This is usually expressed by the maxim volenti non fitinjuria. This maxim literally means act done after given the consent by the person , can not be complained of as an injury. A person who make... Continue Reading →
SPECIFIC TORTS
NUISANCE: The word nuisance has been driven from the French word “nuire”. “Nocere” in the legal sence its means “annoyance” or “harm” or “disturbance”. MEANING Peacefully enjoy one’s own property is legal right of an individual. But everyone must endure limited degree of noise, dust, smell, smoke, vibration, the influents etc. from his neighbor.It’s a... Continue Reading →
CONSUMER PROTECTION ACT, 1986 AND 2019
CONSUMER DEFINITION In oxford dictionary, a consumer is defined as a “purchase of goods or services”.In black’s law dictionary, it is explained to mean “one who consumes. Individuals who purchase, use, maintain and dispose of produces and services.According to Section 2(1) d, of the act, “consumer” means any person who-Buy any goods for a consideration.Hires... Continue Reading →
MARRIAGE UNDER HINDU LAW
INTRODUCTION Marriage is one of important social institution which approved socially relationship between man and women that bind them into permanent, as a spouse. Marriage establishes socially obligation over the spouse’s relation such as wife under obligation to live with her husband under a roof and husband is responsible to provide his wife’s maintenance during... Continue Reading →
CONTRADICTION ‘RUSTAM VS. K.A. NANAVATI’
INTRODUCTIONFilm emerged as an effective medium represent fictional and non-fictional story or play which influence not only to individual rather society bidirectional or multilateral it means that film have a positive or Negative impact on people. Several Film have been invented on different institution of society such as Education, Government, Religion, History, Biography, legal aspect;... Continue Reading →
VICARIOUS LIABILITY IN TORT OF LAW
INTRODUCTION Tort, in common law or civil law, is an act or wrongful act in which harmed to someone – one that infringes on the rights of other. Plaintiff can suit filed against the defendant for tortuous act due to which endured the loss or harm by plaintiff. This article about vicarious liability one of... Continue Reading →
OFFENCE RELATED CYBER CRIME
INTRODUCTION In this modern era, people enjoy excessive advantages of the digitalization. Every thing has two sides or impact, similarly digitalization is a kind of a coin has two different aspects that are negative or positive likewise cyber crime is one of the drawback of digitalization. Cyber Crime or Computer crime is a crime that... Continue Reading →
PATENT LAW-INTELLECTUAL PROPERTY RIGHT
INTRODUCTION A patent an exclusive right granted for an invention means patent an exclusive rights to a product or a process that generally provide a new way of doing something or offer a new technical solution to a problem. Intellectual property right include copyright, patent, industrial design, trademark etc. but in industrial property include such... Continue Reading →
SPECIFICATION OF TRADEMARK LAW IN INDIA
INTRODUCTION Trademark is name, word, phrase, sign, symbol, design or expression and combination of all these things that identifies goods and service of provider. Trademark is a kind of Intellectual property Right which protects trademark owner can be considered an individual, business organisation or any legal entity such as Corporation, Government, Agency, and NGO. Trademark... Continue Reading →
COPYRIGHT WHAT AND WHY
ABSTRACT Intellectual Property Rights (IPR) plays a vital role on trade of every nation in this digitized world. There stands a higher risk of creative ideas getting stolen without the consent of the author or inventor. During the 19th century, The United States was not a leading IPR advocate as it is today, but was... Continue Reading →