Lawmaxxer

India · 1st Year · Law of Torts & Consumer Protection

Leading Cases

Maxims and Indian innovations.

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  1. 1.Ashby v White (1703) — maxim illustrated?

    Injuria sine damno: violation of a legal right (the right to vote) is actionable even without actual damage.

    (1703) 2 Ld Raym 938

  2. 2.Gloucester Grammar School case (1410) — maxim illustrated?

    Damnum sine injuria: damage caused by lawful competition, without violation of a legal right, is not actionable.

    (1410) YB 11 Hen IV

  3. 3.M.C. Mehta v Union of India (1987) — Oleum gas leak — principle?

    Absolute liability: an enterprise engaged in a hazardous or inherently dangerous activity is absolutely liable for harm caused, without the exceptions available under Rylands v Fletcher.

    AIR 1987 SC 1086

  4. 4.Rylands v Fletcher (1868) — rule?

    Strict liability for the escape of a dangerous thing brought onto land for non-natural use, subject to exceptions (act of God, plaintiff's fault, consent, act of stranger, statutory authority).

    (1868) LR 3 HL 330

  5. 5.Rudul Sah v State of Bihar (1983) — significance?

    The Supreme Court awarded compensation under Article 32 for illegal detention — the beginning of public-law compensation for violation of Article 21.

    (1983) 4 SCC 141

  6. 6.Nilabati Behera v State of Orissa (1993) — held?

    Compensation for custodial death is a public-law remedy based on strict liability of the State; sovereign immunity is no defence for violation of fundamental rights.

    (1993) 2 SCC 746

  7. 7.Which Act now governs consumer protection in India?

    The Consumer Protection Act, 2019, which replaced the 1986 Act and set up the Central Consumer Protection Authority (CCPA).

    Consumer Protection Act 2019