Law of Torts

Unit I — General Principles

General Principles Origin and Development of Torts Definition of Tort-distinction between Tort and Crime - Tort and Contract, Tort and breach of Trust - Foundation of Tortious Liability - Fault as a condition of liability. Essential condition of liability in Tort - Duty of Care - Damnum sine injuria, Injuria sine damno-Relevance of malice - The impact of Insurance on Tort Liability - Individual and Collective - Motor Accidents Claims.

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

Unit II — General Defences

General Defences Volenti - Non fit injuria - Inevitable Accident, Necessity - Private Defence - Mistake, Statutory Authority - Act of God.

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

Unit III — Parties and their capacity

Parties and their capacity The State and its Subordinate Officers of State- Minors, Lunatic and Drunkards - Married Women, Corporation Union Corporate Bodies - Foreign Ambassadors.

Unit IV — Masters and Servants

Masters and Servants Servant Independent Contractors, Course Employment and Common Employment - Master’s Duties to Servant and vice versa.

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

Unit V — Joint Tort feasors.

Joint Tort feasors.

• Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process

Unit VI — Remedies.

Remedies.

Unit VII — Remoteness of Damage - Novus Actus Interveniens.

Remoteness of Damage - Novus Actus Interveniens.

Unit VIII — Successive actions on the same facts - Effect of

Successive actions on the same facts - Effect of Merger and Death.

• Extinguishment of Liability in Tort

Unit IX — Specific Torts

(a) Wrong to Persons and Reputation - Death,Assault, Battery false, Imprisonment, Nervous shock, Defamation, Status. (b) Wrongs to Property to Land and Chattels. (c) Negligence. (d) Nuisance - Nuisance and Injury of Servitude’s Highways etc. (e) Strict & Absolute Liability - Liability for dangerous chattels animals and structures or Premises. (f) Conspiracy, Interference with freedom of contractual and Business relationship - Injurious falsehood slander of title or of goods - Passing off - Abuse of legal procedure. (g) Foreign Torts - Miscellaneous and Doubtful Torts Invasion of Privacy.

• 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 X — Discharge of Torts.

Discharge of Torts.

• Extinguishment of Liability in Tort
• General Defenses and Discharge of Torts