LAW OF TORTS - II (AMBEDKAR UNIVERSITY)

Product Details

 PAPER 2.4. LAW OF TORTS - II

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 general principles.

UNIT - I

Trespass to Persons :

Assault, Battery, Mayhem; Causing Emotional Distress; Malicious Prosecution and abuse of legal proceedings; False Imprisonment; Deceit and Conspiracy; Particular defences available in each of these types. 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.

UNIT - II

Trespass to Reputation:

Defamation : Libel and slander; Freedom of speech and expression; Defences to defamation; Invasion of privacy and defences.

UNIT - III

Negligence and Miscellaneous:

Duty to take care and its breach; Foreseeability, causation; Contributory negligence and other defences to negligence; Occupier‘s Liability; Res Ipsa Loquitur; Liability for Statements (Deceit); Malicious Prosecution and Civil Proceedings;

UNIT - IV

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;

UNIT - V

Motor Vehicles Act 1988 and 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 and Judicial Responses.

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.