Law of Torts (with Consumer Protection Laws)

Unit 1 — Introduction: Definition, Nature and Scope

Origin and Development of Law of Torts in England - Forms of action; specific remedies from case to case · Evolution of Law of Torts in India - uncodified and judge-made · Meaning and function of Law of Torts · Definition of tort · Constituents of tort - wrongful act, legal damage and remedy; injuria sine damno and damnum sine injuria; ubi jus ibi remedium · Tort vis-a-vis other wrongs e.g. crime, breach of contract · Relevance of intention, motive and malice in Law of Torts

• 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

Unit 2 — Defences against Tortious Liability

Consent as defence - volenti non fit injuria; exceptions - rescue cases and Unfair Contract Terms Act, 1977 (UK) · Statutory authority · Act of God/vis major

• Volenti non-fit Injuria, Ubi jus ibi remedium
• General Defenses and Discharge of Torts

Unit 3 — Negligence - Liability at Common Law and Statutory Law

Theories of Negligence · Meaning and Definition · Essential Ingredients - duty to take care, breach of duty, consequent damage · Proof of Negligence - Res ipsa loquitur · Manufacturer's Negligence · Medical Negligence

• Torts affecting person &Property: Nuisance, Negligence, Fraud

Unit 4 — Nervous Shock

Meaning · Impact theory - from personal injury, from property damage · Foreseeability of psychiatric illness · Immediate aftermath test · Primary victims, secondary victims

• Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process

Unit 5 — Remoteness of Damage

Causation - But for test, concurrent causes, consecutive causes, proof of causation · Novus actus interveniens · Tests of Remoteness of Damage - natural and proximate consequence, directness and foreseeability · Eggshell Skull Rule

Unit 6 — No Fault Liability - Strict and Absolute Liability

Meaning and rationale of no-fault liability · Rule of Strict Liability - Rule in Rylands v. Fletcher; application in India · Rule of Absolute Liability in M.C. Mehta v. Union of India · Bhopal Gas Leak Disaster case · No fault liability under the Public Liability Insurance Act, 1991 · No fault liability in hit and run cases under the Motor Vehicles Act, 1988

• Principle of Strict Liability: Ryland V. Fletcher case with exceptions
• Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food
• Liability without fault and third-party risks under Motor Vehicles Act, 1988

Unit 7 — Vicarious Liability of the State

Meaning and basis of vicarious liability - position in England and India · Government Liability in Torts - Constitutional Provisions; Sovereign and non-sovereign functions · Law Commission of India, First Report on the Liability of the State in Tort (May, 1956) · Violation of Fundamental Rights and sovereign immunity; Constitutional torts

• Vicarious Liability: Basis, scope, Justification, Different types
• Liability of Government for wrongs Tortious liability Sovereign and non-sovereign functions Contractual Liability

Unit 8 — Defamation

Meaning - Libel and slander · Essential Conditions · Defences - Justification by truth, fair and bonafide comments, privilege (absolute and qualified), consent and apology

• Torts related to Reputation (Defamation) & Personal Relations

Unit B — Part B: Consumer Protection Laws

Evolution of Consumer Protection Movement, aim and objectives of the Consumer Protection Act, 1986 · Objectives and reasons for enactment of the Consumer Protection Act, 2019 · New dimensions of the CPA, 2019 as compared to CPA, 1986: definitions (consumer, service, defect, deficiency, complaint, misleading advertisement, restrictive trade practice, unfair contract, unfair trade practice); three-tier Consumer Dispute Redressal Mechanism and enhanced pecuniary jurisdiction; Consumer Protection Councils; Central Consumer Protection Authority (CCPA); e-commerce transactions; six rights of consumers; product liability; penalties for misleading advertisements; mediation; remedies for unfair contracts; expanded definition of Unfair Trade Practices

• 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