Law of Tort and Consumer Protection

Unit 1 — Introduction and Principles of Liability in Tort :

1. Development of tort actions in England and India · 2. Meaning and definition of tort · 3. Tort distinguished from contract, quasi-contract and crime · 4. Constituents of tort – wrongful act, damage and remedy · 5. Malfeasance, misfeasance and non-feasance

• 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

Unit 2 — General Defences / Justifications in an action for Tort –

1. Volenti non fit injuria, consent, voluntary assumption of risk, exclusion clauses · 2. Vis major (act of God) · 3. Inevitable accident · 4. Act of third parties · 5. Novus actus interveniens · 6. Plaintiff’s wrong or default · 7. Self-defence and defence of property · 8. Necessity · 9. Statutory authority · 10. Judicial and quasi-judicial acts · 11. Parental and quasi-parental authorities · 12. Illegality · 13. Mistake

• Volenti non-fit Injuria, Ubi jus ibi remedium
• General Defenses and Discharge of Torts

Unit 3 — Torts against Persons:

1. Assault, Battery, Mayhem · 2. Causing Emotional Distress · 3. Malicious Prosecution and abuse of legal proceedings; False Imprisonment · 4. Deceit and Conspiracy · 5. Particular defences available in each of these types

• Trespass to Person: Assault, Battery, Mayhem, False imprisonment
• Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process
• Torts affecting person &Property: Nuisance, Negligence, Fraud

Unit 4 — Torts against Reputation

1. Defamation : Libel and slander; Freedom of speech and expression; Defamation in the civil and criminal law; · 2. Different branches of Defamation Libel, Slander; · 3. Cyber Defamation : Defamation in cyber space · 4. Defences to defamation · 5. Invasion of privacy and defences

• Torts related to Reputation (Defamation) & Personal Relations

Unit 5 — Torts against Property :

1. Trespass to land · 2. Trespass to personal property · 3. Detention and conversion · 4. Passing off; Injury to trademark, patent and copyrights · 5. Public and private nuisance · 6. Particular defences available in each of these types

• Torts affecting Property (Movable & Immovable): Trespass, Trespass ab initio etc
• Torts affecting person &Property: Nuisance, Negligence, Fraud

Unit 6 — Unintentional Torts :

1. Product Liability and defences · 2. Negligence : Duty to take care and its breach; Foreseeability, causation; Contributory negligence and other defences to negligence; Occupier’s liability; res ipsa loquitur · 3. Liability of driver and owner under the Motor Vehicles Act, 1988 for motor accidents : Liability on fault basis (negligence), no-fault basis (Section 140- · 144), structured formula basis (Section 163A, 163B and Schedule), compensation in hit-and-run cases (Section 161 and 163), Powers and jurisdiction of a Motor Accidents Claims Tribunal, Introduction only to the scheme of compulsory insurance under the Act (Sections 2 (30), 145(b), 146 · (1) and (2), 147(1)(i) and (2), 149, 151(1), 158(1), 160, 196)

• Torts affecting person &Property: Nuisance, Negligence, Fraud
• Motor Vehicles Act, 1988- Motor Accidents Claims — Claims Tribunals
• Liability without fault and third-party risks under Motor Vehicles Act, 1988

Unit 7 — Liability for the Wrong Committed :

1. Strict liability, absolute liability, no-fault liability; exceptions to these · 2. Principle of vicarious liability - nature, scope and justification · 3. Doctrine of sovereign immunity · 4. Joint tort-feasors, joint and several liability

• Principle of Strict Liability: Ryland V. Fletcher case with exceptions
• Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food
• Vicarious Liability: Basis, scope, Justification, Different types
• Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process

Unit 8 — Remedies in Tort law :

1. Judicial remedies: · a) Damages : Types - General and special, nominal, contemptuous, aggravated, exemplary, Compensatory damages - Principles of causation, foreseeability, certainty, assessment and calculation of damages - principles, personal injuries, death, loss of property, economic and non- economic losses · b) Injunction - permanent and temporary, quia timet action · c) Replevin · d) Ejectment · 2. Extra - judicial remedies - Self-defence, re-entry on land, recapture of goods, abatement, distress damage feasant

Unit 9 — Consumer Protection Law :

1. Origin and development of consumer law · 2. Basic Concepts - Consumer, complaint, complainant, service, goods, defect, deficiency, trader, consumer dispute, restrictive trade practice, unfair trade practice · 3. Authorities under the Act - Consumer Councils, Redressal agencies and their composition and jurisdiction - substantive, territorial and pecuniary; Appeals, Additional remedy · 4. Remedies available under the Act · 5. Procedure for filing a complaint and of the redressal agency, Limitation; enforcement of orders, vexatious complaints

• 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