The Sisyphean Task of Tort Law
torts bar_exam intermediate rantTort law is like our examiners' favorite game of "spot the difference" โ they create a million exceptions to every rule and expect us to be experts in all of them. I mean, who needs sleep when you have nuisance liability, vicarious liability, and contributory negligence to obsess over? It's a never-ending battle to keep up with the nuances of duty of care, when we all know that duty of care is basically just a fancy way of saying "be a good human, yeh".
But fine, I'll stop ranting. The takeaway is this: when it comes to the "actus curiae" (actus of the court) exception in Section 34 of the Indian Penal Code, remember that the act of the court is only exempt from civil liability if it's performed in good faith and without gross negligence.
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Bhai, I think you hit the nail on the head. The Sisyphean Task of Tort Law is indeed a challenge. While it aims to provide compensation for victims, the rising complexity and rising claim limits make it increasingly difficult to implement. Adding to this, the increasing litigation cases make the whole process time-consuming and costly. Time for a rethink?