admindeepak 
The law requires a fair and reasonable standard care and competence by the medical man towards this profession. A medical man, who is consulted by a patient, owes him certain duties, namely, a duty of care in deciding whether to undertake the case; a duty of care in deciding what treatment to give; and a … Read more
In India, the courts follow the principles laid down in Donoghue v. Stevenson. In Naraka v. Santosh Private Benefit Ltd., the deceased, respondent, was employed in ‘B’s motor garage as a servant. He was sent for driving a private company’s vehicle. When he was returning with the motor its tyre were burst and the doors … Read more
Res ipsa loquitur is a Latin phrase, which literally translates to “the thing speaks for itself.” An essential part of any personal injury case is being able to show that the other party’s wrongdoing or negligence caused the injury at issue. Sometimes, an injured party is unable to show direct evidence of negligence. The rule … Read more
Meaning of Negligence The meaning of negligence will be clear from the following: (1) Negligence as a mode of committing certain torts, is that, negligently or carelessly committing trespass or defamation. In this context it denotes the mental element. (2) In Union of India v. Hindustan Lever Ltd., the Court held that negligence in a … Read more
Section 140(1) of the Motor Vehicles Act, 1988 provides that where the death or permanent disablement of any person results from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicles shall, or as the case may be, the owners of the vehicles shall be jointly … Read more
Any person who possesses a chattel is bound : (i) to take due care to avoid harm to another.(ii) to give warning in particular cases of the danger.(iii) to take precaution in other case against harm resulting from the interference, wilful, careless or otherwise of third person. Underhil sums up the rules of liability as … Read more
Liability For Injury Done By Animals A person may become liable in more than one mode for injury to another by an animal in his possession or control. He may be liable for the damage done by his animals: (1) On the general principle, in trespass, nuisance, and negligence. (2) Cattle trespass. (3) Under the … Read more
An independent contractor is one who undertakes to produce a given result without being in any way controlled as to the method by which he attains that result. General Rule: The general rule as to independent contractor is that although an employer is responsible for the negligence and other wrongs of his servant, he is … Read more
Meaning of Doctrine of Common Employment The doctrine of common employment denotes that a master is not responsible for negligent harm done by one of his servant to a fellow-servant engaged in common employment. At common Law a master was not liable to his servant for injuries received from any ordinary risk of, or incident … Read more
Answer:- In modern times, To determine the relationship of master and servant, the traditional test is not considered conclusive and it cannot be applied in every case. ‘Control’ is an essential element but it is not conclusive test. Along with control existence of other factors are also essential, such as, who has the power to … Read more