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Law of Torts – An Introduction
INTRODUCTION

Law is any rule of human conduct accepted by the society and enforced by the state for the betterment of human life. The entire body of law in a state (corpus juris) may be divided into two viz, civil and criminal.

What is Tort?

Tort means a breach of some duty independent of contract giving rise to a civil cause of action and for which compensation is recoverable.

In general, a tort consists of some act done by a person who causes injury to another, for which damages are claimed by the latter against the former.

 

The real significance of a legal damage is illustrated by 2 maxims namely,
1. Damnum Sine Injuria : Damage without Injury
2. Injuria Sine Damnum : Injury without Damage

 

The law of tort is said to be a development of the maxim ???ubi jus ibi remedium??? or ???There is no wrong without a remedy??? means ???Where there is a Right, There must be a Remedy.???

3 ESSENTIAL ELEMENTS OF TORT

1. Wrongful Act
2. Legal Damage
3. Legal Remedy

2 THEORIES ??? FOUNDATIONS OF TORTIOUS LIABILITY

1. ???Wider and Narrower??? theory / ???Growing Tree??? theory – This theory is supported by Winfield, Pollock and other eminent jurists
2. ???Pigeon Hole??? theory – This theory is supported by Salmond, Glanville Williams and others

 

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Jurisprudence (Legal theory) – An Introduction

JURISPRUDENCE

Jurisprudence (Legal theory) means ???Knowledge or Science of Law???.

The law of Contract and Tort is concerned with different rights which one person may have against another. Jurisprudence on the other hand, studies the meaning of the terms ???rights??? in the abstract.

Similarly, it investigates other legal concepts and tries to build up a general and more comprehensive picture of each concept as a whole.

NATURE OF JURISPRUDENCE:

There is difference of opinion about the nature of jurisprudence. It is called both Art and Science. But to call it Science would be more proper and useful.

In the same way jurisprudence is concerned with the fundamental principles of law, systematic and scientific study of their methods.

Majority of jurists call jurisprudence as a Social Science. Some other jurists call it a Formal Science.

IMPORTANCE OF JURISPRUDENCE:

Jurisprudence is ???

??? Grammar of law

??? Eye of Law

??? Fundamental Principle of Law

??? Great Educational Value

??? Helps in Legislation

??? Helps Judges and Lawyers, in ascertaining true meaning of law

??? The heart of Legal Enterprise, is the concept of law.

Without deep understanding of this concept neither legal practice nor legal education can be purposive activity.

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References:
https://lawwithshaheen.com/definition-and-meaning-of-jurisprudence/

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Intellectual Property Rights – An Introduction
INTRODUCTION

Intellectual property (IP) is a term referring to a number of distinct types of creations of mind for which a set of exclusive rights are recognized and the corresponding fields of law.

Common types of IP include:

??? Copyrights

??? Patent Rights

??? Trademark

??? Designs

??? Confidential Information

??? Cyber Intellectual property

??? Geographical Indications etc.,

OBJECTIVES OF INTELLECTUAL PROPERTY

1. Financial Incentives
2. Economic growth

GROWTH OF INTELLECTUAL PROPERTY

The scope of Intellectual Property is fast expanding. The statutory laws relating to intellectual property in India is undergoing changes to harmonize with the agreements on GATT (General Agreement on Trade and Tariff), TRIPs (Trade Related Aspects of IPR) and Biological Diversity Act 2002.

IP is thus one of the fastest growing branches of law today all over the world. Now broadcasting, cable casting, telecasting rights, internet websites and cyber space facilities have become part of Intellectual Property.

 

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Indian Constitution – An Introduction 
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INDIAN CONSTITUTION

The people don???t know their powers and their rights. In order to know their powers and their rights the Indian constitution was formed.
The Constitution of India which was adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950

WHY DOES A COUNTRY NEED A CONSTITUTION?

The Constitution serves several purposes.
1. It lays out certain ideals that form the basis of the kind of country that we as citizens aspire to live in.
2. To defines the nature of a country???s political system.
3. To save us from ourselves

THE INDIAN CONSTITUTION: KEY FEATURES

1. Federalism
2. Parliamentary Form of Government
3. Separation of Powers
4. Fundamental Rights
5. Secularism

Indian Constitution contains fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens.

The different features of the Indian Constitution outlined above, involve complicated ideas that are often not easy to grasp. Don???t worry too much about this for the moment.

In the rest of the articles you will read more about these different features of the Indian Constitution and understand more substantively what they mean.

References:
https://www.india.gov.in/my-government/constitution-india
https://www.jagranjosh.com/general-knowledge/list-of-important-articles
https://ncert.nic.in ??? ncerts ??? hess301

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Administrative Law – An Introduction

Image Source: https://www.andreasangelides.com/law/1-constitutional-public-and-administrative-law/

 

INTRODUCTION

The administrative law is the bye-product of Socio-Economic functions which deals with the administration executive and with the people.

This creates the complexity between the individual and the administration authority. In order to reduce the complexity there is a necessity of creating a law to administer the work of the authority and to control the powers vested with them Administrative law is introduced.

IMPORTANCE OF ADMINISTRATIVE LAW

1. Provider
2. Protector
3. Entrepreneur
4. Economic controller
5. Arbiter

GOAL OF ADMINISTRATIVE LAW

To redress this inequality is to ensure that so far as possible the individual and the state are placed on a plane of equality before the bar of justice.


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Indian Contract Act 1872 – An Introduction 
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INDIAN CONTRACT ACT 1872

The Indian Contract Act is one of the oldest mercantile laws of our country. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some rights and duties on the contracting parties.

OBJECTIVES OF INDIAN CONTRACT ACT 1872

It was enacted mainly with a view to ensure reasonable fulfillment of expectation created by the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.

ESSENTIALS OF VALID CONTRACT

Contracts = Agreement + Enforceability by law

Agreement = (Offer/Proposal) + Acceptance = Promise + Consideration

Contract Act is one of the central laws that regulate and oversee all the business wherever there is a case of a deal or an agreement.

Indian Contract Act 1872 came into effect on the 1st of September 1872. Containing a total of 266 sections it is the principal law regulating contracts in India.

Let us know some important aspects related to it further.

References:
https://www.toppr.com/guides/business-laws/indian-contract-act-1872-part-i/
https://indianjudiciarynotes.com/notes/contract-law/indian-contract-act-1872/