Title | OD |
---|---|
Tags | Negligence Society Social Institutions Tort Duty Of Care |
File Size | 285.0 KB |
Total Pages | 34 |
TABLE OF CONTENTS LIST OF ABBREVIATIONS INDEX OF AUTHORITIES STATEMENT OF JURISDICTION STATEMENT OF FACTS ISSUES RAISED SUMMARY OF ARGUMENTS ARGUMENTS ADVANCED I. THAT THERE IS NO DIRECT AND PROXIMATE NEXUS BETWEEN THE POLLUTION CAUSED BY DML AND THE CONSEQUENTIAL EFFECTS IN THE MOHANA REGION A. DRASTIC CHANGES WERE OBSERVED B. NO CONCLUSIVE EVIDENCE. II. THAT DML CANNOT BE HELD TORTIOUSLY LIABLE A. THAT THERE EXISTED A DUTY OF CARE B. THAT THERE WAS A BREACH OF THE DUTY OF CARE C. THAT DAMAGES RESULTING FROM THE BREACH OF DUTY III. THAT THERE IS VIOLATION OF ARTICLE 14 OF THE CONSTITUTION A. RATIONALE BEHIND THE DIRECTIVE B. THE REASON BEHIND THE WRONG DECISION IV. THAT THERE IS A VIOLATION OF THE FUNDAMENTAL RIGHTS OF THE DIRECTORS AND THE EMPLOYEES OF THE COMPANY A. INFRINGEMENT OF THE FUNDAMENTAL RIGHT TO TRADE OF THE DIRECTORS OF DML. B. INFRINGEMENT OF THE FUNDAMENTAL RIGHT TO LIVELIHOOD OF THE EMPLOYEES OF DML PRAYER