Law of Torts-I
Jamia Millia Islamia · LL.B. Semester 1
Unit I — GENERAL PRINCIPLES, EVOLUTION, MEANING AND SCOPE OF TORTS
Introduction: Importance and Significance of Law of Torts; Evolution of Law of Torts in England and India: Application of the Principles of Equity, Justice and Good Conscience; Nature of Torts: History-Definition of Torts-Distinction between Torts and Crime, Breach of Trust & Contract · General Principles: Constituents of torts, damnum sine injuria, injuria sine damno, ubi jus ibi remedium; General Elements in Torts: Act and Omission, Voluntary Act; Requirement of Mental Element: Malice Intention or Negligence and Recklessness, Fault, Motive, Malfeasance, Misfeasance and Non-Feasance as Conditions of Liability Foundation of Tortious liability: Pigeon-Hole and General Principle of Liability Theories-Critical Evaluation; Personal Capacity: Convict-Alien Enemy-Husband and Wife-Corporation-Trade Unions-Insolvent- State and its Subordinates-Minor-Lunatic-Foreign Sovereigns. · New & Emergent Torts: Strict Liability/ No Fault liability – Statutory Liability, Vicarious Liability, Doctrine of Sovereign Immunity.
Unit II — JUSTIFICATION IN TORT
General Defences · Consent as Defence-Leave and Licence- Volenti non fit injuria-Necessity-Mistake- Plaintiff’s default; Act of God-Force Majeure or Vis Major-Inevitable Accident- Private Defence; Act of State-Statutory Authority; Judicial Acts-Judicial & Quasi- Parental Authority. · Extinguishment of Liability: Discharge of Torts-Death-Waiver-Acquiescence- Release-Accord and Satisfaction-Limitation.
Unit III — NEGLIGENCE
Basic Concepts of Negligence: Meaning and Definition of Negligence-Essentials of Negligence: Standard of Care-Duty to Take Care-Breach of Duty, Damage · Burden of Proof: Doctrine of Contributory Negligence-Res Ipsa Loquitur-Nervous Shock and Psychiatric Suffering · Professional Liability Due to Negligence: Liability of Manufacturers & Business Houses.
Unit IV — NO FAULT LIABILITY
Strict Liability: Meaning and Essentials-Scope of the Rule in Ryland v. Fletcher- Exceptions to the Rule · Application of Rule in India: Absolute Liability-Rule in M.C. Mehta v. UOI · Bhopal Catastrophe: Liability of MNCs and National Government for Mass Torts-Toxic Torts and Protection of Environment-Development of Statutory Torts in U.K., USA and India
Unit V — VICARIOUS LIABILITY
Vicarious Liability: Its Basis & Reasons-Liability by Ratification-Liability by Special Relationship and Abetment · Doctrine of Sovereign Immunity: Liability of the State-Sovereign and Non- Sovereign Functions-Crown Proceedings Act 1947, Federal Torts Claims Act 1946 and Article 300 of the Indian Constitution · Joint Tortfeasors: Distinction between Joint and Several Liability-Contribution between Tortfeasors