Res Ipsa Loquitor

Mahima Gherani In the common law, “Res Ipsa Loquitor”, a Latin word which means the thing speaks for itself. Prima facie it appears to be a simple and easy maxim to understand and apply. Application of Res Ipsa Loquitor shifts the burden of proof on the defendant. Generally, in any case it is the plaintiff who has to provide the evidence to prove the...

res ipsa loquitur

Lohitashwa Pratap Singh The thing itself speaks; or, the thing done, or the transaction, speaks for itself The basis of this principle is based on that negligence caused the injury, in view of the fact of case. Res ipsa loquitur is a situation where the fact and nature of the injury itself “speaks”, that is, affords proof of negligence. The principle...

Volenti non fit injuria

Mahima Gherani Volenti non fit injuria is a Latin term which means “to one who is willing, no harm is done.” This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot later on sue for any resulting injuries. Volenti non fit injuria is a defence in tort. If a person engages in an event accepting and being...

Volenti non fit injuria

Adyasree Prakriti Sivakumar “Volenti non fit injuria“, is a Latin maxim, on literal translation, means To a willing person, injury is not done. This is a common law doctrine which states if someone is willingly places themselves in a position where harm might result, the party so placed cannot claim damages or compensation. This doctrine is used...

Analysis of Corporate Social Responsibility under Companies Act

Law
Ruchi Goel and Divya Gupta1. Abstract Corporate Social Responsibility has become a business agenda these days. Companies not only look at CSR from the traditional perspective of reputation or brand value but also as an opportunity to provide sustainability in environment, economic and social value to the stakeholders. It helps to create a positive impact...

Supreme Court strike down Section 66A of IT Act as unconstitutional

Social Networking
Bench of Supreme Court, while observing public’s right to know is directly affected by Section 66A and the Section clearly affects the right to freedom of speech and expression enshrined under the Constitution of India, held that Section 66A was unconstitutional because it failed two major tests – the clear and present danger test and the tendency to create public disorder test. The court...

Quick Reference Guide: Arbitration, Conciliation and Mediation

Arbitration - Vishnu S Warrier
Quick Reference Guide: Arbitration, Conciliation and Mediation In pursuit of globalisation, India responded positively by opening up its economy. Along with the benefits promised it has also brought lot of issues. As we know the major concern of law is conflict resolution. Traditional justice delivery system through adjudication by courts had already given way to a large extent of alternative mode...

CLAT Preparation: CODING-DECODING Questions – Part II

26. How many such pairs are there in the word GUARDIAN each of which has as many letters between them in the word as In the English language? a. One   b. Two    c. Three    c. Four 27. If AT=20 and BAT= 40 , then CAT=? a. 34    b. 56    c. 40    d. 60 28. If in a code, MILD:NKOH ,  then GATE: a. HCWI          b. ICJW            ...

CLAT Preparation: CODING-DECODING Questions – Part I

1. In a code NATION is written as 583125, BROTHER is written as 4623790. How will be NATO RAIN be written? a. 5831 6599   b. 5832 5470    c. 5832 0815  d. 6732 1590 2. If ‘678’ means—’Society Family Husbandry’, ‘574’ means—’Husbandry Health Control’, ‘342’ means—’Health Census shop’,...

CLAT Preparation: Legal Reasoning Questions – Part I

1. Principle- Punishment can only be prescribed to the cause in law A intended to cause B’s death and therefore mixed poison in a glass of milk and offered it to B. However, the contents of the glass spilt. Thereafter, C who also wanted to kill B, mixed cyanide in the same glass not realizing that traces of the poison mixed by A still remained. C offered...

CLAT Preparation: Statement-Assumptions Questions – Part I

Mark the answers as (a) if only assumption I is implicit (b) if only assumption II is implicit (c ) if either I or II is implicit (d) if neither I nor II is implicit (e ) If both I and II are implicit 1. Statement: Computer education should start at school itself. I: Learning computers is easy II: Computer education fetches jobs easily 2. Railway officials...

CLAT Preparation: Strong and Weak arguments – Part I

Mark the answer as (a) if only argument I is strong. (b) if only argument II is strong. (c) if either I or II is strong. (d) if neither I nor II is strong. (e ) Both are strong 1. Should literacy be the minimum criterion for becoming a voter in India? I: Yes.  Illiterate people are less likely to make politically wise decisions of voting for the right candidate...

CLAT Preparation: Time and Distance Questions – Part II

1. A train travels at an average speed of 90 km/hr without any stoppages. However, its average speed decreases to 60km/hr on account of stoppages. On an average, how many minutes per hour does the train stop? a. 80 m                         b. 64 min              c. 40 min                      d. 20...

CLAT Preparation: Time and Distance Questions – Part I

1. A train traveling at 72 kmph crosses a platform in 30 seconds and a man standing on the platform in 18 seconds. What is the length of the platform in meters? a.360 m       b.240 m               c.640 m                             d.720 m 2. J covered a distance of 340 miles between city A and city taking...

Standard Form of Contract: A Case Study of Flipkart

Flipkart online mega store
Sahil Jain & Pradyumna Kibe1. Standard Form Contracts are agreements that employ standardized, non-negotiated provisions, usually in pre-printed forms.  These are sometimes referred to as “boilerplate contracts,” “contracts of adhesion,” or “take it or leave it” contracts. The terms, often portrayed in fine print, are drafted...