Law of Torts including M.V Act and Consumer Protection Laws

Unit I

Nature and definition of torts- Tort in India. Distribution between tort, crime, breach of contract, breach of trust, quasi contract-essential conditions- foundation of tortious liability-fault liability, strict liability, statutory liability, principle of insurance-General defences in tort

• 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
• General Defenses and Discharge of Torts

Unit II

General exception to liability in tort and vicarious liability - distinction between servant and independent contractor,course of employment ,hospital cases ,medical negligence,–master’s duties toward servant,servant’s duties to the master, Joint and independent tortfeasors,-0 Vicarious liability of the state

• Vicarious Liability: Basis, scope, Justification, Different types
• Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process

Unit III

General remedies-judicial and extra judicial remedies,damages, Remoteness and damages, Novus Actus interveniens.

Unit IV

Specific torts Trespass of the person – Assault, battery, mayham, false improvement Trespass to property- Trespass to land, goods- remedies Defamation -Innuendo,Libel,Slander –Defenses Nuisance –Private and public-Defenses. Negligence-contributory negligence-Nervous shock Abuse of legal Procedure-malicious prosecution, deceit – Rule in Derry Vs Peak Strict liability, Absolute liability

• 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
• Principle of Strict Liability: Ryland V. Fletcher case with exceptions
• Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food

Unit V

Consumer Protection Act - Definition- deficiency in services and goods –objectives of CP Act – Forum and jurisdiction of agencies-procedure on receipt of complaint – appeal

• Concept of Consumer & Consumer Protection Act 2019
• Services: Types of services, Deficiency-meaning, Denial of Services, Commercial & Professional Services, Medical Services
• Consumer Disputes Redressal Agencies: District Commission, State

Unit VI

MV Act,1988-no fault liability-effect of death of parties in tort –compensation - insurance liability-effects of breaking laws.

• Motor Vehicles Act, 1988- Motor Accidents Claims — Claims Tribunals
• Liability without fault and third-party risks under Motor Vehicles Act, 1988