Common Sense Law

  Subrogation in Insurance: The doctrine of subrogation lets one person to stand in another person's shoes and assert the rights of that person against the third party. In tort it is wrongdoing to another. In other words, it is a breach of duty owed to a third party. A person cannot do wrong to another thereby causing damage to another’s property or inflicting injury on the person of that another. If it is so done then a right of action accrues in favor of the wronged and to the detriment of the wrong-doer. Thus in Insurance Law according to Black’s Law dictionary, subrogation is “ the principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third party with respect to any loss covered by the policy”. The doctrine is rooted in the Principle of Indemnity and Equity . It is essential to ensure that the insured is indemnified completely, but not more than that. ...

  Start-ups are the new in vogue business lingo. However, at their heart, they are nothing but corporations, partnerships, LLCs, LLPs, and the like. The Companies Act, 2013, Limited Liability Partnership Act, 2008 and the Partnership Act, 1932 are at the governing heart of these start-ups. Prenuptial Agreements, Antenuptial Agreements, or Premarital Agreements (commonly referred to as a Prenup), though unenforceable and thus non-existent in India, but prevalent in the US, are written contracts entered into by couples prior to marriage or a civil union that enable them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce. Couples may also enter into written prenuptial agreements to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek ...

  FUTURE LAW JOBS: A New Frontier Changing technology, changing perceptions, changing moralities, and changing societal norms and behaviour trigger a change in many things inter-linking all of these changes. Law is one such inter-linkage. Law as a discipline requires roles that enable its practice, and its compliance. Some of such newer imagined roles are discussed below as future law jobs that might arise with the advent of this continuous churn. The list is not exhaustive and I shall be updating this space for newer imagined law jobs. ETHICS OFFICER An Ethics Officer (“EO”) inter alia may be responsible for developing and distributing codes of ethics, developing training programs for employees, and monitoring and auditing compliance with government regulations. The EO may also administer punishments for violation of ethical codes of conduct. The aforestated code of ethics might cover varied ground. From Organizational Ethics, to Business Communi...