Law of Torts including MV Act & CP Laws

Unit 1 — Evolution of Law of Torts-

1.1 England-forms of action-specific remedies from case to case. · 1.2 India- principles of justice, equity and good conscience – un-codifiedcharter - advantages and disadvantages.

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

Unit 2 — Definition, Nature, Scope and Objects

2.1 A wrongful act- violation of duty imposed by law, duty which is owed to people generally (in rem) -damnum sine injuria and injuria sine damnum. · 2.1.1 Tort distinguished from crime and breach of contract · 2.1.2 The concept of un-liquidated damages. · 2.1.3 Changing scope of law of torts: expanding character of duties owed to people generally due to complexities of modern society. · 2.1.4 Objects - prescribing standards of human conduct, redressal of wrongs by payment of compensation, proscribing unlawful conduct by injunction.

• 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

3.1 Fault · 3.1.1 Wrongful intent · 3.1.2 Negligence · 3.2 Liability without fault · 3.3 Violation of ethical codes · 3.4 Statutory Liability · 3.5 Place of motive in Torts

• Torts affecting person &Property: Nuisance, Negligence, Fraud
• Principle of Strict Liability: Ryland V. Fletcher case with exceptions
• Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food

Unit 4 — Justification in Tort

4.1 Volenti non fit injuria · 4.2 Necessity, private and public · 4.3 Plaintiff's default · 4.4 Act of God · 4.5 Inevitable accident · 4.6 Private defence · 4.7 Statutory Authority · 4.8 Judicial and quasi-judicial acts. · 4.9 Parental and quasi-parental authority.

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

Unit 5 — Extinguishment of liability in certain situations.

5.1 Actio personalis moritur cum persona -exceptions. · 5.2 Waiver and acquiescence · 5.3 Release · 5.4 Accord and satisfaction. · 5.5 Limitation.

• Extinguishment of Liability in Tort

Unit 6 — Standing

6.1 Who may sue-aggrieved individual-class action-social action groups. · 6.2 Statutes granting standing to certain persons or groups. · 6.3 Who may not 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.

• Liability of Government for wrongs Tortious liability Sovereign and non-sovereign functions Contractual Liability

Unit 8 — Vicarious Liability

8.1 Basis, scope and justification · 8.1.1 Express authorization · 8.1.2 Ratification · 8.1.3 Abetment · 8.2 Special Relationships. · 8.2.1 Master and Servant -arising out of and in the course of employment - who is master? - The control test - who is servant? - Borrowed servant - independent contractor and servant, distinguished. · 8.2.2 Principal and agent · 8.2.3 Corporation and principal officer

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

Unit 9 — Torts against persons and personal relations.

9.1 Assault, Battery, Mayhem. · 9.2 False imprisonment · 9.3 Defamation-libel, slander including law relating to privileges. · 9.4 Marital relations, domestic relations, parental relations, master and servant relations · 9.5 Malicious prosecution · 9.6 Shortened expectation of life · 9.7 Nervous shock

• 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.

10.1 Trespass to land, trespass ab initio, dispossession · 10.2 Movable property-trespass to goods, detinue, conversion. · 10.3 Torts against business interests - injurious falsehood, misstatements, passing off

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

Unit 11 — Negligence

11.1 Basic Concepts. · 11.1.1 Theories of negligence · 11.1.2 Standards of care, duty to take care, carelessness, inadvertence · 11.1.3 Doctrine of Contributory Negligence · 11.1.4 Res ipsa loquito rand its importance in contemporary law · 11.2 Liability due to negligence: different professionals · 11.3 Liability of Common carriers for negligence · 11.4 Product liability due to negligence: liability of manufacturers and business houses for their products

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

Unit 12 — Motor Vehicles Accident

12.1 No Fault Liability: Section 140 of the Motor Vehicles Act, 1988 · 12.2 Hit and Run cases: Section163 · 12.3 Structured Formula: As a guide in awarding Co mpensation indeath or bodily injury cases: Section 163 – A · 12.4 Claims Tribunal: Section165 · 12.5 Application for Compensation: Section166 · 12.6 Award of Claims Tribunal: Section168 · 12.7 Procedure and Powers of Claims Tribunal: Section169 · 12.8 Award and Interest: Section171 · 12.9 Appeals: Section 173

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

Unit 13 — Nuisance

13.1. Definition, essentials and types · 13.2 Acts which constitute nuisance - obstructions of highways, pollution of air, water, noise and Interference with light and air

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

Unit 14 — Absolute/Strict Liability.

14.1 The Rule in Ryland's V. Fletcher. · 14.2 Liability for harm caused by inherently dangerous industries.

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

Unit 15 — Legal remedies.

15.1 Legal remedies · 15.1.1 Award of damages- simple, special, punitive. · 15.1.2 Remoteness of damages-foreseeability and directness · 15.1.3 Injunction · 15.1.4 Specific Restitution of property · 15.2 Extra legal remedies-self-help, re-entry on land, re caption of goods, distress damage feasant and abatement of nuisance.

Unit 16 — Consumer movements: Historical perspectives.

16.1 Common law protection: contract and torts. · 16.2 Consumerism in India: Food adulteration, drugs and cosmetics-essential commodities. · 16.2.1 Criminal Sanction: Sale of noxious and adulterated substances, false weight and measures. Use of unsafe carriers

Unit 17 — Consumer, the Concept.

17.1 General perspectives. · 17.2 Statutory and government services: to be included or not? · 17.3 Definition and scope: the consumer ProtectionAct1986(CPA) · 17.3.1 Who is not a Consumer?

• Concept of Consumer & Consumer Protection Act 2019

Unit 18 — Unfair Trade Practices

18.1 Misleading and false advertising. · 18.2 Unsafe and Hazardous products. · 18.3 Disparaging competitors · 18.4 Business ethics and Business self-regulation · 18.5 Falsification of trademark.

Unit 19 — Consumer of Goods

19.1 Meaning of defects in goods · 19.2 Standards of purity, quality, quantity, and potency · 19.2.1 Statutes: food and drugs, engineering and electrical goods · 19.2.2 Common law: decision of courts

Unit 20 — Consumer Safety

20.1 Starting, distribution and handling of unsafe and hazardous products · 20.2 Insecticides and pesticides and other poisonous substances

Unit 21 — Service

21.1 Deficiency-meaning · 21.2 Professional services · 21.3 Public Utilities

• Services: Types of services, Deficiency-meaning, Denial of Services, Commercial & Professional Services, Medical Services

Unit 22 — Enforcement of Consumer Rights

22.1 Consumer forum under CPA: Jurisdiction, powers and functions · 22.1.1 Execution of orders · 22.1.2 Judicial review · 22.2 P.I.L. · 22.3 Class Action · 22.4 Remedies · 22.5 Administrative remedies

• Consumer Protection Councils
• Consumer Disputes Redressal Agencies: District Commission, State