CODE 1506- Law of Torts (Question-Answer Series) अपकृत्य विधी

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.

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; 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

Negligence:

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.

LEADING CASES:

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.