PAPER 1.4. LAW OF TORTS - I TEXT BOOK

WRITER- DR. RAVI GROVER, DIMPLE SETHI, DR. BHARAT SINGH

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.