Law of Torts (including Motor Vehicle Accident and Consumer Protection Laws)
University of Kota · LL.B. Semester 2 · Paper 6
Unit 1 — Definition, nature, scope, objects and elements of Tort, Maxims, Extinction or Discharge of Tortious Liability, Joint Tort - Feasors.
Unit 2 — General Defences of Tortious Liability. Vicarious Liability Doctrine of common employment, State Liability. Absolute or Strict Liability.
- Volenti non-fit Injuria, Ubi jus ibi remedium
- General Defenses and Discharge of Torts
- Vicarious Liability: Basis, scope, Justification, Different types
- Principle of Strict Liability: Ryland V. Fletcher case with exceptions
- Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food
- Liability of Government for wrongs Tortious liability Sovereign and non-sovereign functions Contractual Liability
Unit 3 — Remedies, Kinds and measure of damages, Remoteness of damages.
Unit 4 — Torts to person and property including Negligence. Nuisance, nervous shock. interference with contract or business, intimidation, conspiracy, deceit or fraud, malicious prosecution, defamation.
- 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
Unit 5 — Consumer protection Act, 1986. Definitions, Consumer protection councils, Consumer Dispute Readressal agencies- Establishments, Jurisdiction Procedure and orders.
Unit 6 — The following provisions of The Motor Vehicle Act, 1988
(a) Liability without fault in certain cases, chapter 10, from sections 140 to 144. (b)Insurance of Motor Vehicle against third party, chapter 11, from sections 145 to 166. Claims Tribunal, chapter 12, sections 165 to 176, with concerning Rajasthan Motor Vehicle Rules, 1990.