India · 1st Year · Law of Torts & Consumer Protection
State Liability, Medical & Environmental Torts
Indian tort cases beyond the maxims.
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Show all 7 questions and answers in this book
1.State of Rajasthan v Mst. Vidyawati (1962) — held?
The State was vicariously liable for the rash driving of a government jeep driver, as the act was not in exercise of sovereign power.
AIR 1962 SC 933
2.Kasturi Lal Ralia Ram Jain v State of UP (1965) — held?
The State was not liable for gold lost through police negligence because the act was in exercise of sovereign power — a decision later criticised and confined.
AIR 1965 SC 1039
3.Indian Medical Association v V.P. Shantha (1995) — held?
Medical services rendered for consideration are "services" under the Consumer Protection Act, so patients can bring consumer complaints for medical negligence.
(1995) 6 SCC 651
4.Jacob Mathew v State of Punjab (2005) — held?
For criminal liability a doctor's negligence must be gross; the Bolam test applies to the standard of care, and guidelines were laid down before prosecuting doctors.
(2005) 6 SCC 1
5.Vellore Citizens' Welfare Forum v Union of India (1996) — principles adopted?
The precautionary principle and the polluter pays principle are part of the environmental law of India.
(1996) 5 SCC 647
6.Charan Lal Sahu v Union of India (1990) — held?
Upheld the Bhopal Gas Leak Disaster (Processing of Claims) Act 1985, which made the Central Government the representative of the victims under the doctrine of parens patriae.
(1990) 1 SCC 613
7.Define defamation in tort and its two forms.
Publication of a false statement that injures a person's reputation, without lawful justification. Libel is in permanent form (writing); slander is in transient form (spoken words or gestures).
Common law of torts