History and Meaning of the Rule of ‘Strict Liability’ There are circumstances when a person may be held accountable for injury even if he was not negligent in creating it, or even if he had no intention of doing so, or even if he made some proactive attempts to avoid it. In other words, the… Continue reading Applicability of Rule of Strict Liability in India & Case Laws
Tag: case law
Lalman Shukla v Gauri Dutt on rules of acceptance of General Offer : Facts, Issues, Contentions, Judgement & Analysis
In India, contracts are governed by the Indian Contract Act, 1872 and as per the said act, it can be both written and oral. The case of Lalman Shukla v Gauri Dutt[1], discusses the validity of a contract in a situation where no acceptance has been made. It explains the provisions of the Indian Contract… Continue reading Lalman Shukla v Gauri Dutt on rules of acceptance of General Offer : Facts, Issues, Contentions, Judgement & Analysis
Dickinson v Dodds on Communication of Consideration : Facts, Issues, Contentions, Judgement & Analysis
Full name of the case– Dickinson v Dodds (1875) 2 Ch D 463 Deciding Bench of Judges– Mellish and James LJJ and Baggallay JA Year of Judgement– 1876 Jurisdiction- UK Law Parties to the case- Appellant– George Dickinson Respondent– John Dodds Introduction This case is based upon the concept that Acceptance is an essential element… Continue reading Dickinson v Dodds on Communication of Consideration : Facts, Issues, Contentions, Judgement & Analysis
Central Inland Water Transport Corporation Ltd v Brojo Nath Ganguly : Facts, Issues, Contentions, Judgement & Analysis
Name of the case: Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly 1986 AIR 1571, 1986 SCR (2) 278 Deciding Bench of Judges – Justice D.P. Madon, Justice A.P. Sen Date of Judgement– 06.04.1986 About the Company and the Appellant Central Inland Water Transport Corporation Ltd was a government company incorporated under section 617… Continue reading Central Inland Water Transport Corporation Ltd v Brojo Nath Ganguly : Facts, Issues, Contentions, Judgement & Analysis
Chinnaya v Ramayya on consideration : Facts, Issues, Contentions, Judgement & Analysis
Full name of the case– Chinnaya V. Ramayya (1882) ILR (1876-82) 4 Mad 137 Deciding Bench of Judges– Innes J, Kindersley J Date of Judgement– 21st October 1987 Deciding Court of Law– Madras High Court Parties to the case- Appellant- Venkata Chinnaya Respondent- Venkata RamayyaGaru Introduction to the case This is a leading case for… Continue reading Chinnaya v Ramayya on consideration : Facts, Issues, Contentions, Judgement & Analysis
Chappell & Co Ltd v Nestle Co Ltd : Facts, Issues, Contentions, Judgement & Analysis
Full name of the case– Chappell & Co Ltd v Nestlé Co Ltd [1960] AC 97 Deciding Bench of Judges– Lord Viscount Simonds, Lord Reid, Lord Tucker, Lord Keith Of Avonholm, Lord Somervell Of Harrow Date of Judgement– 18 June 1956 Deciding Court of Law- House of Lords Parties to the case- Appellant– Chappell… Continue reading Chappell & Co Ltd v Nestle Co Ltd : Facts, Issues, Contentions, Judgement & Analysis
Currie v Misa : Facts, Issues, Contentions, Judgement & Analysis
Full name of the case– Currie v Misa (1875) LR 10 Ex 153 Deciding Court – House of Lords Case in English Law Parties to the case- Petitioner– Mr Currie Respondent– Mr Misa Introduction Currie v Misa is a landmark judgment in English Law that deals with the concept of Consideration. The meaning and extent… Continue reading Currie v Misa : Facts, Issues, Contentions, Judgement & Analysis
Hadley vs. Baxendale : Facts, Issues, Contentions, Judgement & Analysis
Hadley v Baxendale[1] is a landmark English caselaw that determines the consequences of loss to one party caused by the negligence of the opposite party in special circumstances. Facts Hadley’s corn millwork came to a halt when his crankshaft broke, and he had to wait for it to be replaced. He had to ship the… Continue reading Hadley vs. Baxendale : Facts, Issues, Contentions, Judgement & Analysis
Balfour vs. Balfour : Facts, Issues, Contentions, Judgement & Analysis
The doctrine of intention to create legal relations was developed in the case of Balfour v Balfour[1]by Lord Justice Atkin. As per this doctrine for any contract to be valid, there should be an intention to enter into a legal relationship by both parties. Facts Mr Balfour, the appellant, used to live with his wife,… Continue reading Balfour vs. Balfour : Facts, Issues, Contentions, Judgement & Analysis