Law of Torts, Consumer Protection and Motor Vehicle Act
Dr. Bhimrao Ambedkar Law University, Jaipur · LL.B. Semester 1 · 1.1
Unit I — Introduction, Definition, Nature and Scope
1.1 Meaning, Evolution and Development of Law of Torts; · 1.2 Constituents of tort - wrongful act, legal damage and remedy - injuria sine damno and damnum sine injuria; ubi jus ibi remedium; · 1.3 Tort vis-a-vis other wrongs e.g. crime, breach of contract; · 1.4 Mental Elements in Law of Torts; · 1.5 Defences against Tortious Liability; Consent - Volenti non fit injuria, Act of God, Statutory Authority
Unit II — Specific Torts
2.1 Negligence: Meaning, Definition and Essentials; Contributory Negligence; · 2.2 Remoteness of Damages; · 2.3 Nuisance: Kinds of Nuisance; · 2.4 Defamation: Libel and Slander, Essentials of Defamation; · 2.5 Nervous Shock.
Unit III — Liability
3.1 Rule of Strict Liability- Rule in Rylands v. Fletcher- origin, scope and exceptions; · 3.2 Rule of Absolute Liability in M. C. Mehta v Union of India; · 3.3 Vicarious Liability; · 3.4 State liability- Position in England and India; Government Liability in Torts - (1) Constitutional Provisions; (2) Sovereign and non-sovereign functions, Violation of Fundamental Rights and sovereign immunity. Concept of Constitutional Torts; · 3.5 Liability for animals -The Scienter rule
- Principle of Strict Liability: Ryland V. Fletcher case with exceptions
- Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food
- Vicarious Liability: Basis, scope, Justification, Different types
- Liability of Government for wrongs Tortious liability Sovereign and non-sovereign functions Contractual Liability
Unit IV — Consumer Protection Act, 2019 & Motor Vehicles Act, 1988
Consumer Protection Act, 2019: · 4.1 Definitions; Consumer Protection Councils; · 4.2 Central Consumer Protection Authority and Consumer Disputes Redressal Commission; · 4.3 Product Liability; Mediation; Product Liability; Offences and Penalties; Motor Vehicles Act, 1988: including the Amendment Act, 2019 and the amendments of The Jan Vishwas (Amendment of Provisions) Act, 2023: · 4.4 Definitions; Key Features of the Amendments; Fault and No-Fault Liability of Driver and Owner in hit and run cases; Concepts regarding Third Party; Driving Licenses; National and State Register of Driving Licenses; · 4.5 National Transportation Policy; Offences and Penalties, Powers and Jurisdiction of a Motor Accidents Claims Tribunal
- Concept of Consumer & Consumer Protection Act 2019
- Services: Types of services, Deficiency-meaning, Denial of Services, Commercial & Professional Services, Medical Services
- Consumer Protection Councils
- Consumer Disputes Redressal Agencies: District Commission, State
- Motor Vehicles Act, 1988- Motor Accidents Claims — Claims Tribunals
- Liability without fault and third-party risks under Motor Vehicles Act, 1988