Law of Torts

Unit 1 — Introduction

Evolution of Torts · Elements of a Tort · Tort as a Private Law Remedy-Purpose/ function and goals of the Law of Tort including an overview of tort theory · Remedies in Tort -Foundations of Tortious Liability- Difference between Torts and Contracts · Torts and Crimes-Classification of Torts- Is it Law of Tort or Law of Torts? -General Principle of 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

Unit 2 — General Elements of Torts

Act and Omission-Mental Elements: Malice, Intention, Negligence and Recklessness, Motive- Malfeasance-Misfeasance and Non-feasance-Element of Fault.Personal Capacity: Convict-Husband and Wife-Corporation-Trade Union-Insolvents-State and its Officers-Foreign Sovereigns-Minor-Person of Unsound Mind

Unit 3 — Vicarious Liability

Express Authorization-Ratification-Abetment- Special Relationships-Master and Servant-Course of Employment- Control Test- Liability of Independent Contractor-Doctrine of Sovereign Immunity

• Vicarious Liability: Basis, scope, Justification, Different types

Unit 4 — Negligence

Duty of Care-Breach of Duty-Causation and Foreseeability-Proof of Negligence-Duty in Ordinary Cases-Duty of Care in Some Special Cases-Professional Negligence-Defences: Contributory Negligence (Res ipsaloquitor)-Ex trupicausa non orituractio-Exclusion of Liability-Insanity

• Torts affecting person &Property: Nuisance, Negligence, Fraud
• General Defenses and Discharge of Torts

Unit 5 — Strict Liability

The Rule in Rylands vs. Fletcher-Liability for harm caused by inherently dangerous substances-Bhopal Gas Leak Disaster-Development of Law beyond Strict Liability-MC Mehta vs. Union of India-Absolute Liability

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

Unit 6 — Intentional Torts

Trespass to Person-Assault and Battery-Intentional Infliction of Emotional Distress-False Imprisonment · Trespass to Land and Chattels-Nuisance- Public and Private-Trespass to Goods-General Defences to intentional Torts-Acts of State-Parental and Quasi-Parental Acts-Inevitable Accident-Consent- Self-defence-Defence of Property-Necessity-Plaintiff the Wrongdoer-Trifles. Injuries to Reputation: Defamation-Libel and Slander- Malicious Prosecution

• 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
• General Defenses and Discharge of Torts

Unit 7 — Remedies under Law of Torts

Kinds of remedies-Damages-Foreseeability of Damage-Remoteness of Damage-Judicial and Extra-Judicial Remedies

Unit 8 — Consumer Protection Act, 1986

History and Evolution- Scheme of the Act and its salient features-Consumerism under the Act- Consumer Dispute Redressal Agencies under the Act and the Remedies Thereunder-Consumer Advocacy

• 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

Unit 9 — Motor Vehicles Act-Salient features of the Act and Recent Developments

Motor Vehicles Act-Salient features of the Act and Recent Developments.

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