This document summarizes an upcoming presentation on emerging issues and trends in vicarious liability. It will cover topics like parental liability, motor vehicle liability when using communication devices, professional liability, liability of sports clubs and non-profit organizations. The presentation will define vicarious liability, explore the historical and legal justifications for it, provide an overview of existing trends, and discuss some emerging trends and related legal cases involving these issues.
Insanity or unsoundness of mind is not defined in the act. It means a disorder of the mind, which impairs the cognitive faculty; that is, the reasoning capacity of man to such an extent as to render him incapable of understanding consequences of his actions. It means that the person is incapable of knowing the nature of the act or of realising that the act is wrong or contrary to law
it deals with insanity in tort law, contract, and ipc
Trespass to the person involves the wrongful invasion of an individual's bodily rights or liberty. It has been replaced by the torts of false imprisonment, assault, and battery, which all involve restricting a person's freedom or liberty without lawful justification. False imprisonment involves unlawfully restraining or confining someone against their will. Assault involves threatening or attempting unlawful physical contact that causes the reasonable apprehension of immediate contact. Battery involves the actual unlawful physical contact with another person. Damages can be awarded for these torts even without proof of physical injury.
Justification of Torts & General Defencesairlawacademy
Liability under Tort is a bit tricky subject. Only the injury which is legal but not any actual damage is protected and compensated. But as no law is good without its exception, such is Law of Torts without the General Defences and Justification.
The document discusses the law of contract regarding pledge. It defines pledge as a type of bailment where goods are delivered as security for repayment of a debt or performance of a promise. The key elements of a valid pledge are delivery of possession of movable goods to the pawnee (bailee), the goods serving as security for payment of a debt, and an agreement for the goods to be returned upon fulfillment of obligations. The document outlines the rights and duties of the pawnor (bailor) and pawnee regarding pledged goods and circumstances where a valid pledge may exist.
The document discusses the concept of burden of proof in legal contexts. It states that the burden of proof lies with the person making an assertion or claim, and they must prove the facts that support their argument. For criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt. In civil cases, the plaintiff bears the burden of proving their case by a preponderance of the evidence. There are also exceptions where the burden may shift, such as to the defendant if a fact is especially within their knowledge. The document provides various case examples to illustrate situations involving the burden of proof.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
The document discusses several justifications or exceptions for tort liability, including:
1. Volenti non fit injuria (consent), where harm is not legally actionable if consented to. Consent can be express or implied.
2. Act of God/vis major, which excuses liability for harm caused by natural events beyond human control, like storms or floods.
3. Rescue cases, where the defense of consent does not apply to rescuers facing risk to save others from imminent danger caused by the defendant's negligence.
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
Insanity or unsoundness of mind is not defined in the act. It means a disorder of the mind, which impairs the cognitive faculty; that is, the reasoning capacity of man to such an extent as to render him incapable of understanding consequences of his actions. It means that the person is incapable of knowing the nature of the act or of realising that the act is wrong or contrary to law
it deals with insanity in tort law, contract, and ipc
Trespass to the person involves the wrongful invasion of an individual's bodily rights or liberty. It has been replaced by the torts of false imprisonment, assault, and battery, which all involve restricting a person's freedom or liberty without lawful justification. False imprisonment involves unlawfully restraining or confining someone against their will. Assault involves threatening or attempting unlawful physical contact that causes the reasonable apprehension of immediate contact. Battery involves the actual unlawful physical contact with another person. Damages can be awarded for these torts even without proof of physical injury.
Justification of Torts & General Defencesairlawacademy
Liability under Tort is a bit tricky subject. Only the injury which is legal but not any actual damage is protected and compensated. But as no law is good without its exception, such is Law of Torts without the General Defences and Justification.
The document discusses the law of contract regarding pledge. It defines pledge as a type of bailment where goods are delivered as security for repayment of a debt or performance of a promise. The key elements of a valid pledge are delivery of possession of movable goods to the pawnee (bailee), the goods serving as security for payment of a debt, and an agreement for the goods to be returned upon fulfillment of obligations. The document outlines the rights and duties of the pawnor (bailor) and pawnee regarding pledged goods and circumstances where a valid pledge may exist.
The document discusses the concept of burden of proof in legal contexts. It states that the burden of proof lies with the person making an assertion or claim, and they must prove the facts that support their argument. For criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt. In civil cases, the plaintiff bears the burden of proving their case by a preponderance of the evidence. There are also exceptions where the burden may shift, such as to the defendant if a fact is especially within their knowledge. The document provides various case examples to illustrate situations involving the burden of proof.
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
The document discusses several justifications or exceptions for tort liability, including:
1. Volenti non fit injuria (consent), where harm is not legally actionable if consented to. Consent can be express or implied.
2. Act of God/vis major, which excuses liability for harm caused by natural events beyond human control, like storms or floods.
3. Rescue cases, where the defense of consent does not apply to rescuers facing risk to save others from imminent danger caused by the defendant's negligence.
- Causation in law requires that damage be both factually caused by the defendant's actions, as well as not being too remote or unforeseeable.
- The case of Wagon Mound established that defendants are only liable for foreseeable consequences of their actions. While the oil spill was foreseeably damaging, the subsequent fire was too remote.
- Remoteness looks at whether the type of damage, not just its form, was reasonably foreseeable. Cases like Bradford v Robinson and Hughes v Lord Advocate found liability even for unusual forms of foreseeable injury types.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
1) The document discusses various defenses that can be used in tort law to avoid liability, including volenti non fit injuria, plaintiff as the wrongdoer, inevitable accident, act of God, private defense/self-defense, mistake, necessity, and statutory authority.
2) It provides examples and case law illustrations for each defense. For inevitable accident, it discusses situations involving unexpected medical emergencies of drivers that resulted in car accidents.
3) For act of God, it notes this defense applies when damage is caused solely by natural forces like floods, storms, or earthquakes without any human involvement. It cites a case where a dam break was ruled not an act of God due to evidence of negligent
This document provides definitions and explanations of key concepts related to contract law such as consent, free consent, coercion, undue influence, fraud, misrepresentation, and mistake. It defines consent as two parties agreeing to the same thing in the same sense. Free consent is consent that is not caused by coercion, undue influence, fraud, or misrepresentation. Coercion involves using force to compel an agreement while undue influence involves exploiting a power imbalance. Fraud involves intentional deception while misrepresentation can be unintentional. Mistakes can be of fact or of law, and mistakes of fact can make a contract void in some cases.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
The document discusses various torts including negligence, trespass, nuisance, and defamation. It defines each tort, outlines their key elements, and discusses applicable defenses. Specifically, it notes that to prove negligence, four elements must be established including duty of care, breach of duty, causation of damages. For trespass, intentional interference with person or property must be shown. Nuisance differs from trespass in requiring proof of damages from indirect interference. Defamation involves making a false statement that damages reputation, and can be libel if published or slander if spoken.
This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
This document defines void agreements and lists specific types of agreements that are considered void under Indian contract law. A void agreement does not create any legal obligations as it lacks at least one essential element of a valid contract, such as consideration, lawful object, or agreement between competent parties. The document then lists 13 types of agreements that have been declared void by law, including those made with incompetent parties, without consideration, in restraint of marriage or trade, contingent upon impossible events, or requiring impossible acts.
The document discusses the legal concept of an offer under contract law. It defines an offer and lists its essential elements. It explains that an offer requires two parties - the offeror who makes the offer and the offeree to whom the offer is made. The document outlines different types of offers including express and implied offers, specific and general offers, cross offers, counter offers, and standing offers. It also discusses rules regarding a valid offer and provides examples to illustrate these concepts. The summary provides a high-level overview of the key topics and concepts discussed in the document relating to the formation and types of offers.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The document discusses the principle of vicarious liability under tort law. It provides examples where vicarious liability may arise such as between a principal and agent, partners in a firm, or a master and servant. The key aspects discussed include the relationship that must exist between the wrongdoer and the liable party, that the act must have occurred in the course of that relationship/employment, and the justification for imposing vicarious liability including deeper pockets of the employer to pay damages and encouraging accident prevention. It also provides a case example where a court held a municipal corporation vicariously liable for failure to properly barricade and sign a construction pit, even though work was contracted to others.
A contract of indemnity is defined as a contract where one party promises to save the other from loss caused by the conduct of the promisor or a third party. Key elements include an indemnifier who promises to make good any loss, and an indemnified party whose loss will be compensated. A contract of insurance is an example of an indemnity agreement. The indemnified party is entitled to recover damages, costs, and sums paid under any compromise from the indemnifier once a loss event has occurred. However, a life insurance contract is not considered an indemnity because a person's life cannot be replaced or valued in the same way as property.
This document provides an overview of negligence and other torts. It defines negligence as a careless act that causes harm. There are three elements: the action is unintentional, not planned, and causes injury. Negligence is proven using criteria like duty of care, the reasonable person standard, foreseeability, causation, and burden of proof. Defenses for negligence include contributory negligence, assumption of risk, and inevitable accident. Other torts discussed include trespass, nuisance, defamation, and more.
This document discusses remedies for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples. Rescission allows a party to treat a contract as voided due to breach. Damages provide monetary compensation for losses from breach. Quantum meruit applies when partial performance justifies compensation. Specific performance requires literal fulfillment of contract terms. Injunctions enforce negative contract obligations.
This document discusses contracts of guarantee under Indian law. It defines key parties in a contract of guarantee as the surety, principal debtor, and creditor. It outlines types of guarantees as specific or continuing. It explains rules around revocation of continuing guarantees, liability of the surety, discharge of the surety, consideration, and distinction between contracts of guarantee, indemnity and insurance. Key points covered are types of guarantees, rights and liabilities of parties, essential elements, and discharge or revocation of a guarantee.
This document provides an assessment of 61 years of affirmative action/reservation policies in India. It argues that reservation was intended to be a temporary measure but has become a permanent fixture. Reservation undermines merit and promotes reverse discrimination. It has strengthened caste divisions rather than removing inequalities. After 60+ years, officially there are still no communities that have crossed barriers of backwardness. True equality will be achieved by increasing merit for all rather than through illusory policies like reservation.
The document is an economics presentation about price effect. It defines price effect as the change in demand in response to a change in price of a commodity, with other factors held constant. Price effect is the sum of the substitution effect and income effect. The substitution effect occurs when consumers substitute cheaper goods for more expensive goods to maximize satisfaction at a fixed income level. The income effect depends on whether a good is normal, inferior, or a Giffen good, and how changes in real income from price changes affect demand for that good.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
1) The document discusses various defenses that can be used in tort law to avoid liability, including volenti non fit injuria, plaintiff as the wrongdoer, inevitable accident, act of God, private defense/self-defense, mistake, necessity, and statutory authority.
2) It provides examples and case law illustrations for each defense. For inevitable accident, it discusses situations involving unexpected medical emergencies of drivers that resulted in car accidents.
3) For act of God, it notes this defense applies when damage is caused solely by natural forces like floods, storms, or earthquakes without any human involvement. It cites a case where a dam break was ruled not an act of God due to evidence of negligent
This document provides definitions and explanations of key concepts related to contract law such as consent, free consent, coercion, undue influence, fraud, misrepresentation, and mistake. It defines consent as two parties agreeing to the same thing in the same sense. Free consent is consent that is not caused by coercion, undue influence, fraud, or misrepresentation. Coercion involves using force to compel an agreement while undue influence involves exploiting a power imbalance. Fraud involves intentional deception while misrepresentation can be unintentional. Mistakes can be of fact or of law, and mistakes of fact can make a contract void in some cases.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
The document discusses various torts including negligence, trespass, nuisance, and defamation. It defines each tort, outlines their key elements, and discusses applicable defenses. Specifically, it notes that to prove negligence, four elements must be established including duty of care, breach of duty, causation of damages. For trespass, intentional interference with person or property must be shown. Nuisance differs from trespass in requiring proof of damages from indirect interference. Defamation involves making a false statement that damages reputation, and can be libel if published or slander if spoken.
This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
This document defines void agreements and lists specific types of agreements that are considered void under Indian contract law. A void agreement does not create any legal obligations as it lacks at least one essential element of a valid contract, such as consideration, lawful object, or agreement between competent parties. The document then lists 13 types of agreements that have been declared void by law, including those made with incompetent parties, without consideration, in restraint of marriage or trade, contingent upon impossible events, or requiring impossible acts.
The document discusses the legal concept of an offer under contract law. It defines an offer and lists its essential elements. It explains that an offer requires two parties - the offeror who makes the offer and the offeree to whom the offer is made. The document outlines different types of offers including express and implied offers, specific and general offers, cross offers, counter offers, and standing offers. It also discusses rules regarding a valid offer and provides examples to illustrate these concepts. The summary provides a high-level overview of the key topics and concepts discussed in the document relating to the formation and types of offers.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The document discusses the principle of vicarious liability under tort law. It provides examples where vicarious liability may arise such as between a principal and agent, partners in a firm, or a master and servant. The key aspects discussed include the relationship that must exist between the wrongdoer and the liable party, that the act must have occurred in the course of that relationship/employment, and the justification for imposing vicarious liability including deeper pockets of the employer to pay damages and encouraging accident prevention. It also provides a case example where a court held a municipal corporation vicariously liable for failure to properly barricade and sign a construction pit, even though work was contracted to others.
A contract of indemnity is defined as a contract where one party promises to save the other from loss caused by the conduct of the promisor or a third party. Key elements include an indemnifier who promises to make good any loss, and an indemnified party whose loss will be compensated. A contract of insurance is an example of an indemnity agreement. The indemnified party is entitled to recover damages, costs, and sums paid under any compromise from the indemnifier once a loss event has occurred. However, a life insurance contract is not considered an indemnity because a person's life cannot be replaced or valued in the same way as property.
This document provides an overview of negligence and other torts. It defines negligence as a careless act that causes harm. There are three elements: the action is unintentional, not planned, and causes injury. Negligence is proven using criteria like duty of care, the reasonable person standard, foreseeability, causation, and burden of proof. Defenses for negligence include contributory negligence, assumption of risk, and inevitable accident. Other torts discussed include trespass, nuisance, defamation, and more.
This document discusses remedies for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples. Rescission allows a party to treat a contract as voided due to breach. Damages provide monetary compensation for losses from breach. Quantum meruit applies when partial performance justifies compensation. Specific performance requires literal fulfillment of contract terms. Injunctions enforce negative contract obligations.
This document discusses contracts of guarantee under Indian law. It defines key parties in a contract of guarantee as the surety, principal debtor, and creditor. It outlines types of guarantees as specific or continuing. It explains rules around revocation of continuing guarantees, liability of the surety, discharge of the surety, consideration, and distinction between contracts of guarantee, indemnity and insurance. Key points covered are types of guarantees, rights and liabilities of parties, essential elements, and discharge or revocation of a guarantee.
This document provides an assessment of 61 years of affirmative action/reservation policies in India. It argues that reservation was intended to be a temporary measure but has become a permanent fixture. Reservation undermines merit and promotes reverse discrimination. It has strengthened caste divisions rather than removing inequalities. After 60+ years, officially there are still no communities that have crossed barriers of backwardness. True equality will be achieved by increasing merit for all rather than through illusory policies like reservation.
The document is an economics presentation about price effect. It defines price effect as the change in demand in response to a change in price of a commodity, with other factors held constant. Price effect is the sum of the substitution effect and income effect. The substitution effect occurs when consumers substitute cheaper goods for more expensive goods to maximize satisfaction at a fixed income level. The income effect depends on whether a good is normal, inferior, or a Giffen good, and how changes in real income from price changes affect demand for that good.
We, Kosmos Care, are an American healthcare service company that provides quality cancer treatment through radiotherapy and chemotherapy in collaboration with hospital groups like Virgin Healthcare and Virgin Life Care. We promise to give patients a new life with enhanced technology and unprecedented care so that they can live freely without cancer controlling their lives.
The Street Lawyer tells the story of Michael Brock, a wealthy lawyer at a large firm who is taken hostage during an incident involving a homeless man. This experience prompts Michael to investigate his firm's treatment of the homeless. He discovers his firm illegally evicted a homeless family, indirectly causing their deaths. Michael decides to leave his high-paying job and wife to join a legal clinic assisting the homeless. The book focuses on Michael helping the homeless community and building a case against his former employer.
The Green Mile is a 1999 film based on the Stephen King novel of the same name. It tells the story of Paul Edgecomb, a corrections officer in 1935 Louisiana who oversees death row inmates. A new prisoner, the giant but gentle John Coffey, is sentenced to death for murder but seems to possess mysterious healing powers. The film explores themes of capital punishment, religion, and the harm humans inflict upon one another. It features emotional performances and heartfelt exploration of its complex characters, though some felt the ending was unnecessary. Overall, reviews say The Green Mile is a lengthy but moving film that tells an impactful story about justice, humanity and hope.
The Street Lawyer tells the story of Michael Brock, a wealthy lawyer at a large firm who becomes disillusioned after a homeless man takes hostages at the office. Michael discovers his firm illegally evicted the man, causing the death of a homeless family. He leaves his high-paying job and wife to work for Mordecai Green at a legal clinic helping the homeless. Though the plot is dull, Grisham creates interesting characters like Michael and Mordecai who drive the story of Michael changing his career to help the less fortunate.
The Green Mile is a 1999 film based on the Stephen King novel of the same name. It tells the story of Paul Edgecomb, a corrections officer in 1935 Louisiana who oversees death row inmates. A new prisoner, the giant but gentle John Coffey, arrives and displays mysterious healing powers. Coffey is sentenced to death for murder, but Edgecomb comes to believe he may be innocent. The film explores themes of capital punishment, religion, and the harm humans inflict on each other. It features emotional performances and earned several Academy Award nominations.
DOWRY DEATH UNDER SECTION 304-B OF IPC BY PRACHI,PRATIK, PRASANJIIT & PRAVEEN...ADVOCATE PRAVEEN KUMAR
This document discusses dowry practices around the world and in India specifically. It provides definitions of dowry under Indian law and an overview of:
1) The social effects of dowry such as abuse, murder, and female infanticide.
2) Indian dowry laws like the Dowry Prohibition Act of 1961 and sections 304-B and 498A of the Indian Penal Code.
3) Key issues addressed by the courts like determining dowry deaths, cruelty, and presumption of dowry deaths.
This case review summarizes the Supreme Court case B.R. Kapur v. State of Tamil Nadu regarding the appointment of J. Jayalalitha as Chief Minister of Tamil Nadu. The key issues were: 1) Whether a disqualified person can be appointed CM, 2) Whether a CM's appointment is judicially reviewable, and 3) Whether the invalidation of the appointment nullifies other acts. The Court held that a disqualified person cannot be CM, the Governor's appointment is reviewable but not the Governor, and other acts would remain valid to avoid administrative chaos. The Court affirmed that the Constitution prevails over popular mandate.
RISQ presents a spiritual services agency with a vision of total happiness and a mission to teach mankind attainment of ultimate happiness through spirituality. Their proposed services include a two-month meditation course with daily practice and feedback, followed by a holiday abroad with foreign guidance collaborators. Their marketing mix will include promotion through their website, magazines, and personnel to target metros in India and establish a niche market before foreign expansion. They aim to address gaps in customer expectations, service quality standards, performance, promises, and perceptions through various solutions like CRM systems, customer research, and service indexes.
VICARIOUS LIABILITY BY MAYURI(KLS), PRAVEEN(KLS) AND ABHISHEK(KLS)ADVOCATE PRAVEEN KUMAR
Vicarious liability holds one party liable for the actions of another. The presentation discusses emerging issues and trends in vicarious liability, including liability for parents, motor vehicle owners, sports clubs, and use of communication devices. It provides examples of court cases where employers, hospitals, and non-profit organizations were held vicariously liable for employee actions. The document recommends capping some types of vicarious liability and recognizes it as a tool for injured parties to receive compensation.
The Genesis of BriansClub.cm Famous Dark WEb PlatformSabaaSudozai
BriansClub.cm, a famous platform on the dark web, has become one of the most infamous carding marketplaces, specializing in the sale of stolen credit card data.
Structural Design Process: Step-by-Step Guide for BuildingsChandresh Chudasama
The structural design process is explained: Follow our step-by-step guide to understand building design intricacies and ensure structural integrity. Learn how to build wonderful buildings with the help of our detailed information. Learn how to create structures with durability and reliability and also gain insights on ways of managing structures.
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
Event Report - SAP Sapphire 2024 Orlando - lots of innovation and old challengesHolger Mueller
Holger Mueller of Constellation Research shares his key takeaways from SAP's Sapphire confernece, held in Orlando, June 3rd till 5th 2024, in the Orange Convention Center.
How MJ Global Leads the Packaging Industry.pdfMJ Global
MJ Global's success in staying ahead of the curve in the packaging industry is a testament to its dedication to innovation, sustainability, and customer-centricity. By embracing technological advancements, leading in eco-friendly solutions, collaborating with industry leaders, and adapting to evolving consumer preferences, MJ Global continues to set new standards in the packaging sector.
Discover timeless style with the 2022 Vintage Roman Numerals Men's Ring. Crafted from premium stainless steel, this 6mm wide ring embodies elegance and durability. Perfect as a gift, it seamlessly blends classic Roman numeral detailing with modern sophistication, making it an ideal accessory for any occasion.
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Taurus Zodiac Sign: Unveiling the Traits, Dates, and Horoscope Insights of th...my Pandit
Dive into the steadfast world of the Taurus Zodiac Sign. Discover the grounded, stable, and logical nature of Taurus individuals, and explore their key personality traits, important dates, and horoscope insights. Learn how the determination and patience of the Taurus sign make them the rock-steady achievers and anchors of the zodiac.
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Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
[To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
This presentation is a curated compilation of PowerPoint diagrams and templates designed to illustrate 20 different digital transformation frameworks and models. These frameworks are based on recent industry trends and best practices, ensuring that the content remains relevant and up-to-date.
Key highlights include Microsoft's Digital Transformation Framework, which focuses on driving innovation and efficiency, and McKinsey's Ten Guiding Principles, which provide strategic insights for successful digital transformation. Additionally, Forrester's framework emphasizes enhancing customer experiences and modernizing IT infrastructure, while IDC's MaturityScape helps assess and develop organizational digital maturity. MIT's framework explores cutting-edge strategies for achieving digital success.
These materials are perfect for enhancing your business or classroom presentations, offering visual aids to supplement your insights. Please note that while comprehensive, these slides are intended as supplementary resources and may not be complete for standalone instructional purposes.
Frameworks/Models included:
Microsoft’s Digital Transformation Framework
McKinsey’s Ten Guiding Principles of Digital Transformation
Forrester’s Digital Transformation Framework
IDC’s Digital Transformation MaturityScape
MIT’s Digital Transformation Framework
Gartner’s Digital Transformation Framework
Accenture’s Digital Strategy & Enterprise Frameworks
Deloitte’s Digital Industrial Transformation Framework
Capgemini’s Digital Transformation Framework
PwC’s Digital Transformation Framework
Cisco’s Digital Transformation Framework
Cognizant’s Digital Transformation Framework
DXC Technology’s Digital Transformation Framework
The BCG Strategy Palette
McKinsey’s Digital Transformation Framework
Digital Transformation Compass
Four Levels of Digital Maturity
Design Thinking Framework
Business Model Canvas
Customer Journey Map
The APCO Geopolitical Radar - Q3 2024 The Global Operating Environment for Bu...APCO
The Radar reflects input from APCO’s teams located around the world. It distils a host of interconnected events and trends into insights to inform operational and strategic decisions. Issues covered in this edition include:
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3. WE HAVE USED DOCTRINAIRE METHODS OF RESEARCH IN OUR PROJECT. PROJECT IS DESCRIPTIVE AND ANALYTICAL IN NATURE . METHODOLOGY
4. CHAPTERIZATION Introduction To Vicarious Liability Definition Of Vicarious Liability Essential Elements To Establish Vicarious Liability Justification Of Vicarious Liability An Overview Of The Existing Trends Some Of The Emerging Trends And Issues Parental Liability Motor Vehicle Liability Use Of Communicational Devices Professional Liability Liability Of Sports Clubs Liability of non-profit organization Conclusion Recommendations Bibliography
5. VICARIOUS LIABILITY Vicarious liability is a form of secondary liability that arises because of the the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that has a "right, ability or duty to control" the activities of a violator.
6. Special relation between who is held responsible and who has committed the act. The act should be during the course of employment. ESSENTIAL ELEMENTS TO ESTABLISH VICARIOUS LIABILITY
7. REASON FOR EXISTENCE Historical Reason- Lack of identity for slaves Legal Reason- “Qui Facit Per Alium Facit Per Se” (The act done by me on your behalf is not mine) Public Policy- Respondent Superior REASON FOR EXISTENCE
8. An Overview Of The Existing Trends EMPLOYER’S LIABILITY Employers are vicariously liable for negligent acts or omissions by their employees in the course of employment. For an act to be considered within the course of employment it must either be an authorized act or closely connected to an authorized act.
18. Common EmploymentPARTNER’S LIABILITY Partners and the firm is liable for the wrongful acts or torts committed by the partners during the course of business for which they have agreed to be partners as their relation is similar to principal – agent relationship.
19. EMERGING TRENDS EMERGING TRENDS & ISSUES Use of communicational devices. Professional liability. Parental Liability. Motor Vehicle Liability. Liability of Sports Clubs. Liability of Non-Profitable Organization.
20. Use of Communicational Device Application of Negligence Doctrine to our Technological Society The liability of employer creeps in when it can be proved that the injuries sustained by the plaintiff are due to an employee’s use of a communicational device in the course of his/her employment.
21. RELEATED LEGAL PROCEEDINGS In the summer of 2000, an associate of a Virginia law firm who was driving and talking to clients on her cell phone. She collided with a truck and killed a young girl. Her law firm is currently involved in a civil suit brought by the family of the victim which claims that the law firm is vicariously liable for the accident caused by the associate.
22. Related Legal Proceedings In 1999 an investment banking firm paid US $ 500000 to settle a lawsuit launched after one of its broker driving while conducting business affairs on his cell phone struck and killed a motorcyclist. The cell phone was provided by the Firm. Related Legal Proceedings
23. Related Legal Proceedings Related Legal Proceedings In Minnesota, an employer was held not liable when an employee struck another car as she was reaching for her cell phone in response to her daughter's call. In that case, the jury took the position that using the cell phone for her personal work was not part of her job, even though the cell phone was provided by her employer.
24. Difference …. The two case are distinguishable from each other because here the use of the phone was not for business purposes. The decision would have been quite different had the call been from the employer or a client.
25. LIABILITY OF NON-PROFITABLE ORGANIZATION One of the reasons for Vicarious Liability is that the employer has a deeper – pocket. Non-profit organizations should not be held liable because they cannot be attributed a deeper pocket. But, recently in some of the judgments pronounced such organizations have been assigned liability for wrongful acts committed by the employees.
26. Related Legal Proceedings Related Legal Proceedings Bazley v Curry [1999]2 S.C.R. 534 The appellant Foundation, a non‑profit organization, operated two residential care facilities for the treatment of emotionally troubled children. As substitute parent, it practiced “total intervention” in all aspects of the lives of the children it cared for. The Foundation hired C, a pedophile, to work in one of its homes. The Foundation did not know he was a pedophile. After investigating a complaint about C, and verifying that he had abused a child in one of its homes, B, the respondent, sued the Foundation for compensation for the injury he suffered while in its care. The chambers judge found that the organization was vicariously liable and the Court of Appeal upheld that decision.
27. So, the employers are vicariously liable for the acts authorized by the employer and unauthorized acts so connected with authorized acts that they may be regarded as improper modes of doing authorized acts.
28. Jacobi v. Griffiths In this case, Boys and Girls Club, a non-profit organization incorporated under the Societies Act, employed the respondent G as Program Director. Children in the club were sexually abused by the employee at his home and the assaults were not in the due course of employment. So, there was a question as to whether the firm can be held vicariously liable. In the decision it was held that the firm was vicariously Liable because it was only because he was an employee of that firm that he had the opportunity to commit the crime. Related Legal Proceedings
29. Parental Liability Parents are one who have parental rights and responsibilities for the child and include the residential parents and legal custodians. Here the liability is because of the damage your child inflicts on someone else. Your responsibility comes from the parent-child relationship and the expectation of the control over your child. Parental Responsibility laws differ from state to state.
30. ARMS STORAGE LIABILITY SHOPLIFTING INTERNET ACESS AND COMPUTER HACKING SOME COMMON PARENTAL LIABILITIES
31. The California Court of Appeals upheld a verdict against the parents of juvenile computer hackers who accessed the phone company's network in order to make long-distance calls without cost. ( Thrifty-Tel v. Bezenek ) Related Legal Proceedings
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33. Three St. Charles, Missouri sixth-graders were caught making a "hit list" and plotting to kill classmates via a sniper attack on the last day of school. ( Cases pending ) Related Legal Proceedings
34. Liability of Sports Club “It’s a man’s game” Players’ testing the boundary between fair and foul play is part and parcel of a game. However, following a recent case (Gravil v. Carroll) in which the Court of Appeal held for the first time that a rugby club was vicariously liable for a tort committed by one of its players, clubs must now ensure that they do not turn a blind eye to such behavior.
35.
36. PROFESSIONAL LIABILITY “MISTAKE OF A LAWYER TAKES A MAN SIX FEET HIGH AND MISTAKE OF A DOCTOR TAKES A MAN SIX FEET LOW.”* PROFESSIONAL LIABILITY
37. VICARIOUS LIABILITY FOR LAWYERS VICARIOUS LIABILITY FOR LAWYERS What if a Lawyer is working for a firm or for a corporate house? Can the Employer organization be held vicariously liable for the tort committed by the employed lawyer? YES!!!
38.
39. Such liability is defended as being direct rather than vicarious.
40. Vicarious Liability for corporations is a justifiable departure from the basic principles because the penalties involve only fines rather than imprisonment and send less of a message of moral condemnation.
41.
42. In 1999, the Supreme Court of Canada handed down two highly publicized decisions which held that vicarious liability can be imposed on an employer for certain unlawful acts committed by an employee, even when the employer has itself not acted negligently. In essence, the Supreme Court stated that where injuries are sustained as a result of actions performed by an employee in the course of his or her duties, liability may attach to the employer.
43. Motor Vehicle Liability Motor Vehicle Liability Even though they are not at fault, vehicle leasing and rental companies as legal owners of the vehicles can be held fully liable for the damage that is caused by their customers even when these companies have absolutely no control over or say in how their customers use their vehicles.
44. In recent years leasing and renting have become very popular and cost effective methods of acquiring a vehicle. Because lessors and rental companies are the legal owners of vehicles, judgments against them have grown dramatically in recent years as damage awards have increased. The unfairness in the imposition of vicarious liability is most clearly demonstrated in cases involving catastrophic motor vehicle accidents where potential damage awards exceed third party liability limits and where the lessor/renter is seen as having the "deep pocket".
45. Morrison v. Grieg [2007] O.J. No.225 (Ont S.C.J) The judgment was rendered in Ontario, based on its prior law, totaled over $23 million for two catastrophically injured plaintiffs. Yeung v. Au. In British Columbia, this May 2006 decision of the Court of Appeal resulted in a $7.5 million judgment. RELATED LEGAL PROCEEDINGS
46. As a result, the most senior levels of management of auto manufacturers questioned their decision to lease vehicles, which was the impetus for legislative change. In August 2005, the United States Congress passed a highway bill eliminating vicarious liability for lessors and rental companies for personal injury and property damage arising from the negligent use of a leased or rented truck or passenger car. Within the past year, some countries have capped this vicarious liability at $1 million, which is effectively offset by a contractual requirement that lease and rental customers carry at least $1 million in insurance coverage.
47. CONCLUSION Laws that punish a defendant's own act or omission that allows another person to do something unlawful impose direct liability, not vicarious liability, although such laws are sometimes mislabeled. Parents sometimes face criminal liability for allowing their minor children to use guns or automobiles or to skip school. These crimes are examples of direct liability, not vicarious liability, as the statutes explicitly hold the parent liable for the parent's own act or omission that caused the harm, rather than for the child's conduct.
48. So, Vicarious Liability is a good tool for the injured to receive proper compensation without creating an actual burden. Till torts exist it is difficult to remove this liability. Trends in this field are growing and are likely to increase with industrialization and rapid changes in the employer – employee relationships. RECOMMENDATIONS
49. BOOKS REFERRED RatanlalDhirajlal, Law of Torts, 25th Edition ,by Singh G.P. Law of Tort, Pearson Education, 8th Edition, by Cooke, John. Winfield & Jolowicz on Tort, 17th Edition . A Text-book of the law, Sweet & Maxwell, 1937, by Winfield P.H. Cases and materials on law of torts ,2nd edition .by Samuel Geoffy. AUTHORITIES CITED All England Reports [AER]. All India Reports [AIR]. Supreme Court Cases [SCC]. WEBITES VISITED www.ogilvyrenault.com/fr/centreDeResources_1428.htm - 17k www.sylviainsurance.com/pdf/cell-phone-while-driving.pdf en.wikipedia.org/wik/Vicarious_liability - 47k BIBLIOGRAPHY