Law of Torts (Including M.V. Accident and Consumer Protection Laws)
Dr. Harisingh Gour Vishwavidyalaya · LL.B. Semester 1 · LAW-CC-114
Unit I — Evolution of Law of Torts
England- forms of action- specific remedies from case to case. · India- principles of justice, equity and good conscience- un- codified character- advantages and disadvantages · 2. Definition, Nature, Scope and Objects · A wrongful act- violation of duty imposed by law, duty which is owed to people generally (in rem)- damnum sine injuria and injuria sine damnum. · Tort distinguished from crime and breach of contract · The concept of un-liquidated damages. · Changing scope of law of torts: expanding character of duties owed to people generally due to complexities of modern society. · Objects- prescribing standards of human conduct, redressal of wrongs by payment of compensation, prescribing unlawful conduct by injunction. · 3. Principles of Liability in Torts: · Fault liability · Wrongful intent · Negligence · Liability without fault · Statutory liability · Place of motive in torts · No Fault liability · No Fault liability under the Motor Vehicle Act,1988 · 4. Defences · Volenti non fit injuria · Necessity, private and public · Plaintiff’s default · Act of God · Inevitable accident · Private defense · Statutory authority · Judicial and quasi-judicial acts. · Parental and quasi-parental authority.
- 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
- Damnum Sine Injuria, Injuria Sine Damnum
- Volenti non-fit Injuria, Ubi jus ibi remedium
- General Defenses and Discharge of Torts
- Liability without fault and third-party risks under Motor Vehicles Act, 1988
Unit II — Standing
Who may sue- aggrieved individual- class action- social action group · Statutes granting standing to certain persons or groups · Who may not be sued? · 2. Vicarious Liability · Basis, scope and justification · Express authorization · Ratification · Master and servant-arising out of and in the course of employment- who is master? the control test. · who is servant?- borrowed servant- independent contractor and servant, distinguished. · Principal and agent · 3. Extinguishment of liability in certain situations: · Actio personalis moritur cum persona-exceptions · Waiver and acquiescence · Release · Accord and satisfaction · Limitation · 4. Tortious Liability of the State, Doctrine of sovereign immunity and its relevance in India · 5. Absolute/Strict liability
- Distinction from Crime, Breach of Contract etc., who may sue, who may not be sued
- Vicarious Liability: Basis, scope, Justification, Different types
- Extinguishment of Liability in Tort
- Principle of Strict Liability: Ryland V. Fletcher case with exceptions
- Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food
- Liability of Government for wrongs Tortious liability Sovereign and non-sovereign functions Contractual Liability
Unit III — Torts against persons and personalrelations
Assault, battery, mayhem · False imprisonment · Malicious prosecution · Nervous shock · 2. Wrongs affecting property · Trespass to land, trespass ab - initio, dispossession. · Movable property- trespass to goods, detinue, conversion. · Torts against business interests- injurious falsehood, misstatements, passing off.
Unit IV — Unit IV (untitled in print)
Specific Torts · 1. Defamation · 2. Negligence · 3. Nuisance
Unit V — Unit V (untitled in print)
Consumer Protection Acts and Motor Vehicle Act. · Meaning of Consumer and Deficiency in Service. · Consumer Protection Redressal Agencies. · Insurer’s Liability for Third Party Risk. · Extent of Liability of Insurer under MV Act,1988 · Claims Tribunal.( Motor Vehicle Act,1988)
- 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