Law of Torts including Motors Vehicle Act and Consumer Protection Law
Maharshi Dayanand Saraswati University · LL.B. Semester 1 · LL.B/104
Unit I
A. Law of Torts in India: Nature and Definition of Tort, Constituents of Tort, Distinction between torts and other wrongs · B. Maxims, Extinction or discharge of tortuous liability · C. General Defences of tortuous 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
- 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
A. Capacity to sue and to be sued, Act of State, Corporation, Minor, Independent · B. Vicarious Liability, Doctrine of common employment · C. State Liability, Absolute or Strict Liability · D. Remedies, Kinds and measure of damages, Remoteness of damages
- Distinction from Crime, Breach of Contract etc., who may sue, who may not be sued
- Vicarious Liability: Basis, scope, Justification, Different types
- 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
A. Torts to person and property: Assault, Battery, False imprisonment, · B. Conspiracy, Deceit or fraud, malicious prosecution, Trespass, · C. Negligence, Contributory Negligence · D. Nuisance- Public and Private · E. Nervous shock · F. Defamation: Meaning, kinds and defences
- 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
A. The M.V. Act, 1988 Preliminary, Licensing of drivers of Motor Vehicles, Licensing conductor of stage carriage, Registration of Motor vehicles, control of "transport vehicles · B. Special provisions relating to stage transfer undertakings, construction, equipment and maintenance of motor vehicles, control of traffic, motor vehicles, temporarily leaving or visiting India · C. Liability without fault in certain cases · D. Insurance of Motor vehicles against third party risks · E. Claim tribunals Offences, penalties and procedure, Miscellaneous.
Unit V
A. Consumer Protection Act, 1986 –Definitions · B. Consumer Protection Councils, consumer Dispute, Redressal Agencies- · Establishment · C. Jurisdiction, Procedure and orders