Law of Torts including MV Accident and Consumer Protection Laws

Unit 1 — Introduction

Evolution of Torts · Elements of a Tort · Tort as a Private Law Remedy- Difference between Torts and Contracts · Torts and Crimes-Classification of Torts- Is it Law of Tort or Law of Torts? –General Principle of Liability

• Tort: Definition, Nature, Scope and object of Tort, Tort in India
• Distinction from Crime, Breach of Contract etc., who may sue, who may not be sued

Unit 2 — Vicarious Liability

Express Authorization-Ratification-Abetment- Special Relationships- Master and Servant- Course of Employment-Control Test- Liability of Independent Contractor-Doctrine of Sovereign Immunity

• Vicarious Liability: Basis, scope, Justification, Different types

Unit 3 — Negligence

Duty of Care- Breach of Duty- Causation and Foreseeability-Proof of Negligence- Duty in Ordinary Cases- Duty of Care in Some Special Cases-Professional Negligence- Defences: Contributory Negligence (Res ipsa loquitor)-Extrupi causa non oritur actio-Exclusion of Liability-Insanity

• Torts affecting person &Property: Nuisance, Negligence, Fraud
• Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process
• General Defenses and Discharge of Torts

Unit 4 — Strict Liability

The Rule in Rylands vs. Fletcher-Liability for harm caused by inherently dangerous substances- Bhopal Gas Leak Disaster-Development of Law beyond Strict Liability- M. C. Mehta vs. Union of India-Absolute Liability

• Principle of Strict Liability: Ryland V. Fletcher case with exceptions
• Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food

Unit 5 — Intentional Torts

Trespass to Person- Assault and Battery-Intentional Infliction of Emotional Distress-False Imprisonment · Trespass to Land and Chattels-Nuisance- Public and Private- Trespass to Goods- General Defences to intentional Torts- Acts of State- Parental and Quasi- Parental Acts-Inevitable Accident-Consent- Self-defence · Defence of Property-Necessity- Plaintiff the Wrongdoer-Trifles. Injuries to Reputation: Defamation-Libel and Slander- Malicious Prosecution

• Trespass to Person: Assault, Battery, Mayhem, False imprisonment
• Torts affecting Property (Movable & Immovable): Trespass, Trespass ab initio etc
• Torts related to Reputation (Defamation) & Personal Relations
• Torts affecting person &Property: Nuisance, Negligence, Fraud
• General Defenses and Discharge of Torts

Unit 6 — Remedies under Law of Torts

Kinds of remedies-Damages- Foreseeability of Damage- Remoteness of Damage-Judicial and Extra-Judicial Remedies

Unit 7 — Consumer Protection Act, 2019

History and Evolution- Scheme of the Act and its salient features-Consumerism under the Act- Consumer Dispute Redressal Agencies under the Act and the Remedies Thereunder- Consumer Advocacy

• 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

Unit 8 — Motor Vehicles Act-Salient features of the Act and Recent Developments.

Motor Vehicles Act-Salient features of the Act and Recent Developments · The above issues are to be studied with special reference to the relevant Acts and case laws on the subject.

• Motor Vehicles Act, 1988- Motor Accidents Claims — Claims Tribunals
• Liability without fault and third-party risks under Motor Vehicles Act, 1988