Sunday, February 15, 2015

Comparison of Indian And Developed Countries principle of Tort Law

It is said that Indian tort law is fairly new. It does not give as much freedom as developed country's tort laws. Eg USA.
Are all the tort laws based on the common principle of seeking remedy

Although this is a legal or a lawyerly issue, we can discuss the construct of the issue. as it involves international understanding to some extent.
Laws are born out of cultural and historical experiences of every country.
We cannot import laws made in one country to another without modification
Social issues, historical experiences, cultural context, economic status, religious background and so many other things go into making of a law.
While the general definition of TORT law would be to provide succour to the afflicted, it works differently in different countries.
Now a days you get luke warm coffee in Starbucks because a women driver spilled hot coffee on her lap while she was holding it between her thighs when she was driviing a car!
The pharmaceutical advertisements in the US nearly discourage you from taking the medicines as theyy list out all the sideeffects including death, basically because they want to bring the fine print in front to avoid compensation claims
Surgeon General insists on gory photos and statutory warnings, not only to protect the population, but also the companies!
LGBT issues get prominence in some countries, while in some it is still not accepted.
So, coming back to the question, I believe law is an evolving creature, made for the good of the public and hopefully will be used so by the public for benefit rather than to misuse it.
We cannot actually compare laws of one country with another

So, the laws are differently made, understood and implemented in each country?
Sir, considering the points mentioned... do we think patent law will be successful in India?
On Patents, I have an ambivalent view. Again I am not a lawyer, you see!
I am not sure whether it is good or bad in its entirety. It is like examination, both needed as well as a devil.
While it encourages innovation, R&D, by providing incentives to the innovator.
It also proves to be a dampener of human rights when it can be made universally available.
So a balance is required on patents, particularly for developing and poor countries.


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