Ambedkar LLB 1st year (Question-Answer Series) Law of Torts
The book prepared according to following syllabus Question-Answer Format in Hindi Medium.
PAPER 1.2. LAW OF TORTS AND CONSUMER PROTECTION ACT 2019
SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36
(1) There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks. (2) The syllabus includes latest amendments in the subject wherever applicable.
OBJECTIVES OF THE COURSE: With rapid industrialization, law of tort has taken a dynamic shape and came to be used as an effective remedy against manufacturers and industrial units for their activities injurious to human beings. Product liability is now assuming a new dimension in developed economics. Hence, the basic purpose for introducing this law to the students is to make them understand the constituents of tort and general principles; Provide an in-depth clarity about various defences available against tortuous liability together with The Consumer Protection Act, 2019 and Motor Vehicles (Amendment) Act 2019.
UNIT - I Meaning, Nature and Definition of Tort:
Development of actions in tort in England and India; Meaning, Nature and definition of tort; Tort distinguished from contract, Quasi-Contract, breach of trust and crime; Foundation of tortious liability; Kinds of Damages; Relevance of Motive in Torts and its Exceptions– wrongful act, damage and remedy; Malfeasance, Misfeasance and Non-Feasance; Felonious Torts.
General Defences in Tort:
Volenti Non Fit Injuria, consent, voluntary assumption of risk, exclusion clauses; Vis Major (Act of God); Inevitable accident; Act of third parties; Novus Actus Interveniens; Plaintiff‘s wrong or default; Self-defence and Defence of Property; Necessity; Statutory Authority; Judicial and quasi-judicial acts; Parental and quasi-parental authorities; Illegality; Mistake of Fact.
UNIT - II Damages and Remoteness of Damage; Contributory Negligence, Death as creating and extinguishing Liability
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; Injunction- Permanent and Temporary, Qua Timet Action; Replevin (Claim and Delivery); Ejectment
Extra - Judicial Remedies: Self-Defence, Re-Entry on Land, Recapture of goods, Abatement, Distress Damage Feasant.
Principle of Vicarious Liability - Nature, Scope and Justification; Concept of Master (Employer) and Servant (Employee) relationship; State Liability; Concept of Sovereign and Non-Sovereign Functions; Strict Liability and its Exceptions, Absolute Liability, No-Fault Liability and their Exceptions;
Liability for Statements (Deceit); Malicious Prosecution and Civil Proceedings; Joint and Several Tort Feasors; Judicial Responses.
UNIT - III
Trespass to Person :
Assault, Battery, Mayhem; Causing Emotional Distress; False imprisonment
Trespass to Property:
Liability for Land and Structure including Occupier‘s Liability; Private Nuisance: Conversion; Trespass to land, Trespass to personal property, Detention and conversion, Passing off; Injury to trademark, patent and copyrights; Public and Private Nuisance; Particular defences available in each of these types. Trespass to Reputation:
Defamation: Libel and Slander; Freedom of speech and expression; Defences to defamation; Invasion of privacy and defences
UNIT - IV
Duty to take care and its breach; Foreseeability, causation; Contributory negligence and other defences to negligence; Occupier‘s Liability; Res Ipsa Loquitur Miscellaneous: Liability for Statements (Deceit); Malicious Prosecution and Civil Proceedings; Joint and Several Tort Feasors; Judicial Responses; Conspiracy.
UNIT - V
Consumer Protection Act, 2019: Consumer Protection; Need, Importance, Objectives; Definition, Concept and Third Party Beneficiary; Consumer Protection Councils; Central Consumer Protection Authority; Consumer Disputes Redressal Commission; Mediation; Product Liability; Offences and Penalties Motor Vehicles Act 1988 (The Motor Vehicles (Amendment) Act 2019): Need, Importance, Objectives; Definition, Concept, Key Features of the Amendment, Fault and No-Fault Liability of Driver and Owner; Concepts regarding Third Party; Driving Licenses; National and State Register of Driving Licenses; National Transportation Policy; Offences and Penalties, Powers and Jurisdiction of a Motor Accidents Claims Tribunal, Judicial Responses.
1) Donogue v. Stevenson (1932)
2) Indian Medical Association v. V. P. Shantha, AIR (1996) SC 558
3) Municipal Corporation of Delhi v. Smt. Subhagwati, AIR (1966) SC 17.
4) N. Nagendra Rao v. State of Andhra Pradesh, AIR (1994) SC 2663.
5) Rylands v. Fletcher, (1868) LP. 3 HL 330.