Author: Sudeep
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Visual Law Summary: The 5 Constitutional Writs of India
In Indian constitutional law, a writ is a formal written order issued by a higher court-specifically the Supreme Court under Article 32 or High Courts under Article 226-acting as a direct constitutional remedy to protect Fundamental Rights and enforce legal duties. While Supreme Court writs under Article 32 specifically enforce Part III Fundamental Rights, High…
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Wilkinson v. Downton (1897)
Wilkinson v. Downton (1897) is a landmark tort case that established the legal precedent for intentional infliction of emotional distress (nervous shock). The Story: What Happened? Mr. Downton decided to play a practical joke on Mrs. Wilkinson while her husband was away at the Races. The Legal Issue Can a person be held liable in…
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Municipal Corporation of Delhi v. Subhagwanti (1966)
Municipal Corporation of Delhi v. Subhagwanti (1966) is a landmark Indian Supreme Court case in the Law of Torts that established the liability of public authorities for nonfeasance (failure to perform a mandatory legal duty) and applied the legal doctrine of Res Ipsa Loquitur (“the thing speaks for itself”). The Story: What Happened? In the…
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The Mental Element in Tortious Liability
THE MENTAL ELEMENT IN TORTIOUS LIABILITY General principle: Tortious liability is fundamentally fault-based. Mental condition determines liability thresholds, categories of action, and measure of damages. + Part 1 1. CATEGORIZATION BASED ON MENTAL ELEMENT Three tiers of tortious liability classified by the degree and relevance of the wrongdoer’s subjective mental state. + Intent Required A.…
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The Master Guide to Legal Remedies in Tort Law
LEGAL REMEDIES IN TORT LAW The substantive doctrine of redress for civil wrongs based on the maxim Ubi jus ibi remedium (Where there is a right, there is a remedy). Divided into formal judicial decrees and lawful extra-judicial self-help. + Part 1 1. JUDICIAL REMEDIES (COURT ORDERS) Formal adjudicative redress granted by civil courts: Declaratory…
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Municipal Corp. of Delhi v Subhagwanti
The Crumbling Tower: Municipal Corp. of Delhi v Subhagwanti (1966) Case Essentials Citation: Municipal Corporation of Delhi v Subhagwanti AIR 1966 SC 1750 Court: Supreme Court of India Plaintiff: Subhagwanti (and other heirs of the victims) Defendant: Municipal Corporation of Delhi The Story Behind the Case The Municipal Corporation of Delhi owned an 80-year-old clock…
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Smith v London and South Western Railway Co.
The Negligent Trimmings: Smith v London and South Western Railway Co. (1870) Case Essentials Citation: Smith v London and South Western Railway Co. (1870) LR 6 CP 14 Court: Court of Exchequer Chamber (England) Plaintiff: Mr. Smith (A cottage owner) Defendant: London and South Western Railway Co. The Story Behind the Case During a hot,…
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Metropolitan Asylum District v Hill
The Misplaced Hospital: Metropolitan Asylum District v Hill (1881) Case Essentials Citation: Metropolitan Asylum District v Hill (1881) 6 App Cas 193 Court: House of Lords (England) Plaintiff: Sir Rowland Hill (and local residents) Defendant: Metropolitan Asylum District (The hospital board) The Story Behind the Case A hospital board was given general statutory authority to…
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Hammersmith Rail Co. v Brand
The Shaking House: Hammersmith Rail Co. v Brand (1869) Case Essentials Citation: Hammersmith and City Railway Co. v Brand (1869) LR 4 HL 171 Court: House of Lords (England) Plaintiff: Mr. Brand (A property owner) Defendant: Hammersmith Railway Co. The Story Behind the Case The railway company built a train line right next to Mr.…
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Vaughan v Taff Vale Rail Co.
The Unavoidable Spark: Vaughan v Taff Vale Rail Co. (1860) Case Essentials Citation: Vaughan v Taff Vale Railway Co. (1860) 5 H&N 679 Court: Exchequer Chamber (England) Plaintiff: Mr. Vaughan (A landowner) Defendant: Taff Vale Railway Co. The Story Behind the Case The railway company was authorized by a parliamentary statute to run steam locomotives…