Law of Torts and Consumer Protection Laws

Unit 1 — Evolution of Law of Torts [5 units]

1. Its development by courts in England · 2. Forms of action · 3. The emergence of Specific remedies from case to case · 4. Reception of Law of Torts in India · 5. Principles of Equity Justice and good conscience

• Tort: Definition, Nature, Scope and object of Tort, Tort in India

Unit 2 — Definition of Nature, Scope, and objects [5 units]

1. A Wrongful Act violation of duty (in rem) imposed by law, a duty which is owed to people generally, legal damage-damnum sine injuria and injuria sine damnum · 2. Torts distinguished from Crime Breach of Contract etc. · 3. The concept of duties owed to damages · 4. changing scope of Law of Torts: Expanding character of duties owed to people generally duty to complexities of the mode of society, scientific and technological progress, industrialization, urbanization, occupational hazards · 5. object- prescribing standards of human conduct, redressal of wrongs by payment of compensation proscribing unlawful conduct by injunctions.

• 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 3 — Principles of Liability in Torts [5 units]

Fault: Wrongful intent, liability without fault, Essentials for tortious liability

Unit 4 — Justification in Tort [5 units]

1. Volenti no fit injuria - What is free consent? Informed consent, mere knowledge, and knowledge coupled with assumption or risk · 2. Necessity, Private and Public · 3. Plaintiffs default · 4. Act of God Inevitable Accident · 5. Private defense · 6. Statutory authorization · 7. Judicial and Quasi-judicial Acts · 8. Parental and quasi-parental authority

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

Unit 5 — Extinguishments of Liability in Certain Situations [5 units]

1. Death, Actio persoalis moritur cum persona, Exceptions, Law Reform (Miscellaneous provision) Act, 1934, · 2. Waiver and acquiescence · 3. Release · 4. Accord and satisfaction · 5. Limitation

• Extinguishment of Liability in Tort

Unit 6 — Standing [5 units]

1. who may sue in Torts: Aggrieved individual, Class Action OIRB, Social Action Groups, States granting Standing to certain person groups · 2. Who may sue and who may be sued?

• Distinction from Crime, Breach of Contract etc., who may sue, who may not be sued

Unit 7 — Doctrine of Sovereign Immunity and its Relevance in India [5 units]

1. Liability of State - sovereign and non-sovereign functions, Crown proceedings Act of U.K Federal Torts, Claims Act of USA, Constitution of India, Art. 294 and 300, · 2. Act of State.

Unit 8 — Vicarious Liability [5 units]

1. Basis Scope and justification - Express authorization, Ratification Abetment, · 2. Special Relationships, Master and servant-arising out of and in the course of employment who is master? Control test who is the servant? Borrowed servant- independent contractor Principal and Agent, Corporation and Principal Officer.

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

Unit 9 — Torts Against person and personal Relations [7 units]

1. Assault, battery, Mayhem · 2. False imprisonment · 3. Defamation- Label, slander including Law relating privileges · 4. Marital relations, domestic relations, parental relations master and servant relations · 5. Malicious prosecution · 6. The shortened expectation of life · 7. nervous shock · 8. defenses

• Trespass to Person: Assault, Battery, Mayhem, False imprisonment
• Torts related to Reputation (Defamation) & Personal Relations
• Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process

Unit 10 — Wrongs Affecting Property [4 units]

1. Trespass to land Trespass ab into Dispossession · 2. Movable Property-Trespass to good destine, conversion · 3. torts against business interests - injurious falsehood misstatement, passing off. · 4. Defenses

• Torts affecting Property (Movable & Immovable): Trespass, Trespass ab initio etc

Unit 11 — Negligence [5 units]

Basic concept, Theories of Negligence, Standards of care, duty to take care, carelessness inadvertence, Doctrine of contributive negligence, Res ipsa loquitur and its importance in contemporary, Professional liability due to Negligence with special reference to Consumer Protection Law

• Torts affecting person &Property: Nuisance, Negligence, Fraud

Unit 12 — Strict and Absolute Liability [5 units]

1. The rules in Rayland fletcher, Principle for application of these rules: Storing of dangerous things, escape of dangerous thing-application of principles in concrete cases of dame arising out of industrial activity. (The Bhopal Disaster, Oleum Gas Escape Machu Dam Burst, M.C.Mehata case, Nuclear Installation, and their hazards) · 2. Defenses

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

Unit 13 — Nuisance [5 units]

1. Definition, essentials, Types · 2. Acts which constitute nuisance- obstructions of highways, Pollution of air water, noise, interference with light and air

• Torts affecting person &Property: Nuisance, Negligence, Fraud

Unit 14 — Legal Remedies [5 units]

1. Award of damage-simple, special, punitive, Remoteness of damages- injunction, specific restitution of property · 2. Extra-Legal Remedies-self re-entry in the land, Recapture of goods, distress, damage, feasant, abetment to nuisance.

Unit 15 — Judicial Process in Torts [5 units]

1. Dilatoriness · 2. Complicated rules procedure and evidence · 3. Experts in Trial process, reports of testing lab · 4. Court fees, problems of access.

Unit 16 — Common Law and the Consumer [8 units]

1. The Consumer Protection Act, 2019: Definitions; Rights of consumers, Consumer Protection Authority; E-commerce; Consumer complaints; Product Liability; Redressal Commission; Mediation; Offences & penalties

• 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