Journal of Law of Torts and Consumer Protection Law https://lawjournals.celnet.in/index.php/jltcpl <p>Journal of Law of Torts and Consumer Protection Law publishes manuscripts related to law of torts which is primarily concerned with redressal of wrongful civil actions by awarding compensation. In a society where people live together, conflict of interests are bound to occur and they may, from time to time cause damage to one or the other. In addition, with the rapid industrialization, tortious liability has come to be used against manufacturers and industrial units. For making markets work for both businesses and consumers, consumer protection is essential. In order to save the consumers from adulterated and imperfect goods &amp; insufficient services, consumer protection laws are very essential for any nation and every nation should incorporate them for the smooth functioning of market economy.</p> en-US [email protected] (Mr. Prashant choubey (Associate Editor)) [email protected] (Law Journals) Fri, 08 Dec 2023 06:01:52 +0000 OJS 3.3.0.5 http://blogs.law.harvard.edu/tech/rss 60 Modernization in Tribal Communities https://lawjournals.celnet.in/index.php/jltcpl/article/view/1452 <p>Karl Max, Emile Durkheim, Ferdinand Tonnies, Max Weber being the many, but profound fathers of social sciences propounded and coined the quintessential instances of modernization. Even though these fathers had a different standing of what situations held, all stemmed from the same historical approaches. The concept of Modernization not only believes the development of societies but also a progressive environment where societies do not exist anymore. The usage of numerous definitions for the term "modernization" has grown so prevalent that it appears that there are nearly as many definitions as persons using the phrase. Surprisingly, the term's popularity is not due to its clarity and precision in academic debates. Instead, it is appealing because it may conjure up broad and generalized notions. These concepts aid in capturing the many changes in society that happened throughout the late 18th and early 19th centuries as industry grew and nation-states were formed. Modernity impacting the socio-cultural aspects of tribal communities and how this impacts their day-to-day lives is what the paper will be dealing with. It also delves into how these tribal communities adopted modern farming methods when they returned to their original homelands, and how this shift towards modern agriculture contributes to their continued acceptance and integration of modern principles in their daily lives. This paper will deal with understanding the concept, its different views of thought, different aspects of modernization and other related matters. The paper is presented in a manner where the readers can make an individualist and a diplomatic decision of their own. The paper also assures to mention related case studies, citations, newsletters, articles etc. The author further assures to have done a thorough study through the help of many secondary resources. Further the paper is presented in a more systematic view of the concept as a whole and the substances defining and revolving around it. It is further hoped that such an analysis would be useful to the readers about the entire premise.</p> Aanice Thomas, Yohith Konidala Copyright (c) 2023 Journal of Law of Torts and Consumer Protection Law https://lawjournals.celnet.in/index.php/jltcpl/article/view/1452 Fri, 08 Dec 2023 00:00:00 +0000 A Case Against Abortion: Coming to Terms with the Termination of Pregnancy Debate https://lawjournals.celnet.in/index.php/jltcpl/article/view/1522 <p>In modern times, abortion has become an intellectual subject both at domestic and global levels, attracting great academic, legislative, and judicial comments. Its prevalence in the world is increasing rather than decreasing. It is against this backdrop that this article is designed to ensure that the best interest of the unborn child is served. To this effect, the position that should guide healthcare providers when dealing with unborn children at pregnancy is that they have a right to life. Additionally, the paper<br>holds that, in the absence of any justified therapeutic reasons, we may assume that the pregnancy should be continued. Thus, the role of the medical practitioner is to provide the unborn child with the best possible condition to continued living. This paper examines some assumptions underlying the law’s attempt to deal with claims advanced on behalf of the foetus. The aim is to ascertain lawmakers' perspectives on the fetus and whether it is acknowledged as a separate entity with interests warranting protection.. This article makes a case against abortion. It examines pro-life’s argument and the issue of the beginning of human existence. It is argued that (1) life begins at conception so the law prescribes any act ending it. (2) That the foetus at conception is endowed with legal rights that must be protected. The article then probes into the legal protection accorded by the law to the foetus arguing that, physicians should strive to cater for the interest of the unborn child. At the same time, they should only terminate a pregnancy if it is permitted by the law and not because the mother has a right of what should happen to her body. The article then concludes by exposing the gaps in the current law as well as providing some suggestions on where the law should go.</p> Fomchang M. Valery Copyright (c) 2023 Journal of Law of Torts and Consumer Protection Law https://lawjournals.celnet.in/index.php/jltcpl/article/view/1522 Sat, 30 Mar 2024 00:00:00 +0000 Exploring the Influence of Social Media Marketing Strategies on Consumer Buying Behavior: A Comprehensive Study https://lawjournals.celnet.in/index.php/jltcpl/article/view/1487 <p>This paper seeks to conduct empirical research to examine the pivotal role of social media in shaping consumers. decision-making processes. Utilizing a quantitative survey, the study aims to gauge the extent to which individuals. experiences are influenced by their engagement with social media platforms. The research delves into the phenomenon where customer sentiments regarding products and services are increasingly shaped by external factors within the digital realm, subsequently<br>impacting their offline decision-making. The empowerment of consumers through social media is explored, highlighting the challenge for marketers who lack control over the content, timing, and frequency of online conversations among users. Through this investigation, the paper aims to provide valuable insights into the evolving dynamics of consumer decision-making in the digital age.</p> Jatinder Kaur Copyright (c) 2023 Journal of Law of Torts and Consumer Protection Law https://lawjournals.celnet.in/index.php/jltcpl/article/view/1487 Tue, 30 Jan 2024 00:00:00 +0000 Featuring Consumer Choices of Consumable Products for Health Benefits: Evolving Issues from Tort and Product Liabilities https://lawjournals.celnet.in/index.php/jltcpl/article/view/1525 <p>The Latin maxim volenti non fit injuria, which translates to &amp; to one who consents, no harm is done has long been a cornerstone of tort law. This idea, which makes a distinction between activities that are morally wrong and those that are socially acceptable, based on permission, is essential to determining culpability in tort cases. Although customer expectations can occasionally have a significant impact on liability evaluations, it is still unclear why liability laws focus only on customer preferences in certain situations while ignoring them in others. The idea that this area of tort law undervalues individual decision-making is reinforced by the fact that, while consumer choice may theoretically limit liability under the assumed-risk doctrine, this idea does not stand alone as a defense in products liability cases. The value put on individual autonomy and self-determination is reflected in the relevance of consent in tort law. This emphasizes the idea that being a morally autonomous individual primarily involves having<br>the capacity to freely enter into agreements and give up rights. This paper deeply dive in the diverse provisions concerning consumer choices of consumable products for health benefits as evolving issues from tort and product liabilities.</p> Bhupinder Singh Copyright (c) 2023 Journal of Law of Torts and Consumer Protection Law https://lawjournals.celnet.in/index.php/jltcpl/article/view/1525 Fri, 05 Apr 2024 00:00:00 +0000 Navigating Liability: Drone Regulations, Construction Operations, and Vicarious Liability in India and United Kingdom https://lawjournals.celnet.in/index.php/jltcpl/article/view/1521 <p>The complex and multifaceted aspects of liability in the legal frameworks of the United Kingdom and India, focusing on drone regulations, construction operations, and vicarious liability are discussed. It explores how businesses, individuals, and legal professionals can navigate liability and risk management in these jurisdictions. With the increasing use of drones across industries, including construction, agriculture, and logistics, the article discusses the legal challenges and regulations surrounding drone use in both countries. It also examines liability issues in construction operations, such as negligence and occupier’s liability, emphasizing the importance of understanding legal obligations and liabilities for stakeholders. Additionally, the article explores vicarious liability, where employers can be held liable for their employees’ actions, and discusses the complexities of asbestos removal regulations in both countries. By analyzing relevant laws, regulations, and case law, the article<br>provides a comprehensive insight into liability management in the UK and India for businesses and individuals alike.</p> Subhashish Bhowmick Copyright (c) 2023 Journal of Law of Torts and Consumer Protection Law https://lawjournals.celnet.in/index.php/jltcpl/article/view/1521 Sat, 30 Mar 2024 00:00:00 +0000