ipl-logo

Vivekananda Flyover Essay

810 Words4 Pages

Introduction to the Project The law that prevails in the glorious subcontinent of India aims at providing justice in a manner fair to all. But with that comes the culpability of an offense ,that people want to escape. This can be clearly seen in the case of the collapse of the 60th section of the Vivekananda Flyover in Kolkata under construction by IVRCL Ltd. that lead to 27 deaths, left 80 injured and many families grieving in the high profile commercial region of Kolkata. The simplest explanation that drew my attention to this tragedy was its explanation by the company as “an act of God”. “An act of God” as a defence cannot be applied to any case or scenario, it does not come to the rescue of any person any time as per his/her whims. The …show more content…

In the case so far, 16 persons were arrested on charges of culpable homicide not amounting to murder and other related charges. All 16 are out on bail, they include 10 high-level officials of IVRCL, 2 senior officials of Kolkata Metropolitan Development Authority. The charges are under sections 304 (culpable homicide not amounting to murder), 308(attempt to commit culpable homicide), 427(mischief causing damage to the amount of Rs 50) and 34(acts done by several persons for a common intention). The police have reported that after lab results the steel used to fabricate the pillars was way below standard strength required. There are also findings that the designs were also not duly approved by the independent approval body-Jadavpur University. The article in The Indian Express differentiates between ‘vis major’ or ‘act of god’ and ‘Force majeure’- a superior force that can in no case be anticipated or controlled by human power. They have the similarity of originating from the same Theory but a difference in their application. The defence becomes of no use if any ‘contributory negligence’ is associated with the wrath of nature. A party escaping from culpability will have to prove that it had no relation in causing the damage that so

Show More
Related

  • Rampart Security Case Study

    838 Words  | 4 Pages

    “The defendant is liable only if the product is defective when it leaves his hands. There must be something wrong with the goods. If they are reasonably safe and the buyer’s mishandling of the goods causes the harm, there is no

    Read More

  • Reaction Paper About Tavares

    796 Words  | 4 Pages

    Project Title: Personal Injury Attorney in Tavares, Florida Tavares, FL | America’s Seaplane City Tavares (pronounced as ‘tuh-vair-ees’) is a city located in central Florida, Lake County, USA. It was incorporated in 1880. The city was founded by Alexander St. Clair–Abrams, who was a part of the journalism and rail industry. Tavares’ infrastructure started with the establishment of a post office in 1883.

    Read More

  • R. V. Saulte Ste Case Study

    1403 Words  | 6 Pages

    Which would bring in the next question of absolute liability offences. I will be focusing on several other cases presented in class, R.v. Saulte Ste. Marie and Roach to further explain the question.

    Read More

  • Geringer V. Wildhorn Ranch, Inc: Case Study

    419 Words  | 2 Pages

    The Defendents argued comparative or contributory negligence because the Geringers took out a secured boat while acting unreasonably by not wearing life vests. Issue: Was one or both of the parties negligent in this case?

    Read More

  • If You Were In The Bunk Part 2 Discussion Questions

    1217 Words  | 5 Pages

    I would further label God as guilty by drawing another reference to a less-well known story of God helping the

    Read More

  • Sonogram Case Summary

    583 Words  | 3 Pages

    Blankenship Oil Corp., 221 Va. 124 (1980), a truck transporting oil began to leak on the road. The oil itself—though perhaps not environmentally friendly—was not particularly dangerous until the local fire department arrived where it attempted to wash the oil from the pavement with water. The oil and water mixture was them spread over the roadway where municipal vehicles had congregated to direct traffic while the problem was remedied. The plaintiff, then, disregarded the instructions of traffic control personnel drove over the oil/water mixture which caused her car to careen out of control and cause an accident. In that case, although the leak of the oil itself would not have caused the accident but for the fire department’s buffoonery in soaking it with water, and the plaintiff’s contributory negligence in disregarding the traffic control personnel, the Court held that the Oil truck could be the proximate cause of the accident because the harm was “’put into operation by the defendant’s wrongful act or omission.’”

    Read More

  • B Pulsey & Anor V State Of B Impulsey

    1503 Words  | 7 Pages

    Since s 62(1) only applies to general damages for personal injury and the other damages which the appellants were claiming were not personal injury damages, the relevant provisions of the Civil Liability Act 2003 (Qld) (“CLA”) did not apply. The issue of whether an award for aggravated damages was precluded in s 52(1) of the CLA, was based on whether it was ‘an award “in relation to” a claim for personal injury damages’. Fraser JA referred to the Acts Interpretation Act to support the narrower construction of ‘in relation to’. He added that to interpret the legislative purpose as limiting damages for the insult if injury was added is ‘very odd’.

    Read More

  • Theme Of Faith In The Book Night

    653 Words  | 3 Pages

    His first reaction to such a thing is to question how a “merciful” God can do such thing. When criticizing God he also blames it directly on him, he does not say

    Read More

  • Richard Melville Case Analysis

    1886 Words  | 8 Pages

    This would not apply C.D. Management as cases in which a landowner was held liable only dealt with injuries sustained by those who were legally on their property. Mullins v. Pine Manor College, 389 Mass. 47 (1983). A college was held liable for injuries that a student suffered while on school grounds. These facts are different in this case mainly because a student is a lawful visitor to their own school’s grounds, where Richard Melville was not a lawful visitor to 666 Elm St. The opposition may also raise the case of Whittaker v. Saraceno, 418 Mass. 196 (1994). Where a tenant was barred from recovery because the criminal act was not foreseeable.

    Read More

  • David Hume's Miracle To Violate The Laws Of Nature

    165 Words  | 1 Pages

    its circular reasoning). He is basically assuming exactly what needs to be proved. The proof basically looks like this from what I understand: A miracle is a violation of the laws of nature Experience tells us the laws of nature are never violated

    Read More

  • Primal Instinct Lord Of The Flies Quote Analysis

    620 Words  | 3 Pages

    Since the beginning of time, all humans had one basic instinct: to survive. Through time, we have evolved, adapted, and flourished. Recently though, we have forgotten our primal instinct. People are being persecuted and sentenced to prison for breaking a law in order to survive. In life or death situations, people shouldn't be held accountable for their actions.

    Read More

  • Summary Of Peter Berger's The Sacred Canopy

    717 Words  | 3 Pages

    The use of God as a shield works on believers, but not on nonbelievers. The question “why bad things happening to good people” still cannot be answered for the nonbelievers, a common critique of religion itself. Regardless of the problem of theodicy, however, religion has worked really well to create and maintain the reality. Berger explains that it is because religion legitimates effectively. “Religion has been the historically most widespread and effective instrumentality of legitimation….

    Read More

  • Symbolism In Night By Elie Wiesel

    797 Words  | 4 Pages

    How can I believe, how can anybody believe in this god of mercy”. All of the atrocities he has witnessed and went through lead

    Read More

  • Intentional Tort: Court Case Study

    556 Words  | 3 Pages

    Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? 
Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to

    Read More

  • Tort Of Negligence Essay

    1154 Words  | 5 Pages

    This rule was laid down by the Privy Council in the case of Overseas Tankship (UK) Ltd v Mortis Dock & Engineering Co Ltd (The Wagon Mound no 1). In this case the defendants spilled furnace oil from their ship into Sydney harbour and damaged the plaintiff’s wharf. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. The Privy Council held that the defendant is not liable. Because a reasonable man could not possibly have foreseen the wharf would be damaged in this way, as a result of the defendant’s act.

    Read More

More about Vivekananda Flyover Essay

Open Document