Edited by Mauro Bussani and Anthony J. Sebok
Chapter 20: Tort law in India
Tort law, in India, has an indelible stamp of the British Common Law – a colonial relic, in spite of it being Indianised by various courts. It still remains largely uncodified barring certain aspects which have special statutes. It has also, in certain circumstances, been able to internalize and imbibe certain changes which have been necessitated by time. Though tort litigation, in India, has generally been scanty, when compared to the western world, one cannot help but see the numerous instances where the higher judiciary in India has taken steps to ensure that justice is delivered. Through a slew of cases, it has even been able to bring about more stringent standards of liability- the principle of absolute liability, for instance, and revolutionized the way in which tort law has developed. By tracing the history of these cases, and by delving into the details, the chapter tries to highlight the journey of Indian Tort Law and examines the landmark decisions in detail. Certain specific torts are also looked into which enable the reader gain more insight.
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