Law of Torts
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 1 · LAIATT2N
Unit I — Introduction to Tort and General Principles :
Definition, nature, scope and objects of tort · wrongful act · violation of duty imposed by law · duties owed to persons generally (in rem) · damnum sine injuria and injuria sine damnum · principles of liability in torts including fault, wrongful intent, negligence, liability without fault, statutory liability, ethical codes, and role of motive in torts · defences in torts including volenti non-fit injuria, necessity, plaintiff’s default, act of God, inevitable accident, private defence, statutory authority, judicial and quasi-judicial acts, parental and quasi-parental authority, and doctrine of sovereign immunity with special reference to India.
- 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
- Extinguishment of Liability in Tort
- General Defenses and Discharge of Torts
Unit II — Vicarious Liability and Motor Vehicle Liability :
Basis, scope and justification of vicarious liability · express authorization, ratification and abetment · special relationships including master and servant, principal and agent, corporation and principal officer · Motor Vehicles Act, 1988— evolution of law relating to compensation in motor vehicle accidents · no-fault liability · hit and run motor accidents · insurance against third-party risks · liability of insurer, owner and driver · compensation—who can claim, how to claim and where to claim.
Unit III — Torts against Persons and Property :
Assault, battery, mayhem, false imprisonment, defamation including libel, slander and privileges, malicious prosecution, nervous shock, shortened expectation of life, marital, domestic, parental and master-servant relations · trespass to land, trespass ab initio, dispossession · trespass to movable property, trespass to goods, detinue and conversion · torts against business interests including injurious falsehood, misstatements and passing off.
- 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
- Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process
Unit IV — Negligence, Nuisance and Strict Liability :
Basic concepts and theories of negligence · standards of care · duty to take care · contributory negligence · res ipsa loquitur · liability of professionals and common carriers · product liability · nuisance—definition, essentials and types · acts constituting nuisance including obstruction of highways, pollution, noise, and interference with light and air · strict and absolute liability · rule in Rylands v. Fletcher · liability arising from inherently dangerous industries.
Unit V — Remedies, Consumer Protection and Leading Cases :
Legal remedies including damages (simple, special and punitive), injunction and restitution of property · Consumer Protection Act and recent developments in tort law · leading cases including Ashby v. White, Donoghue v. Stevenson, Indian Medical Association v. V. P. Shantha, Jacob Mathew v. State of Punjab, M. C. Mehta v. Union of India, Rylands v. Fletcher and other important decisions.