LAW OF TORTS - I (AMBEDKAR UNIVERSITY)

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 LAW SERIES  B.A.LL.B. First Semester English Medium

PAPER 1.4. LAW OF TORTS - I

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36 This paper shall consist of following two parts: (a) Written paper — 70 marks (b) Internal examination — 30 marks (15+10+5) Mid Semester Test: 15 marks Project/Assignment:10 marks Presentation: 05 marks

(1) The question paper shall be divided into two (02) Parts viz. Part – A and Part – B. (2) Part – A shall consist of five (05) compulsory questions of two (02) marks each whereas Part – B shall consist of seven (07) questions. The Candidate is required to attempt any four (04) questions. All questions carry equal marks. (3) The prescribed 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 its general principles.

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; Joint and Several Tort Feasors; Judicial Responses; Felonious Torts.

UNIT - II

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 - III

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;

UNIT - IV

Vicarious Liability: 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;

UNIT - V

Miscellaneous: Strict Liability and its Exceptions, Absolute Liability, No-Fault Liability and their Exceptions;

LEADING CASES:

 Donogue v. Stevenson (1932) AC 562

 Indian Medical Association v. V. P. Shantha, AIR (1996) SC 558.

 Municipal Corporation of Delhi v. Smt. Subhagwati, AIR (1966) SC 17.

 N. Nagendra Rao v. State of Andhra Pradesh, AIR (1994) SC 2663.

 Rylands v. Fletcher, (1868) LP. 3 HL 330.