1st Semester LLB Unitary - Law of Torts (including Motor Vehicles Act and Consumer Protection Laws) - Notes, Question Papers and Syllabus
Law of Torts (Including Motor Vehicles Act and Consumer Protection Laws)
The subject shall be taught by incorporating the recent developments.
Unit I
Definition and Nature of Torts – Distinction Between Torts, Crime, and Breach of Contract – Basis of Tortious Liability – Ubi Jus Ibi Remedium, Injuria Sine Damnum and Damnum Sine Injuria – Liability for the Wrongs Committed by Other Persons – Vicarious Liability – Joint Tortfeasors – Joint and Several Liability in Payment of Damages
Unit II
Negligence – Contributory Negligence – Professional Negligence – Proximate Cause and Intervening Cause – Foresight of Harm – Composite Negligence – Res Ipsa Loquitur – Last Opportunity Rule – Doctrine of Alternate Danger – Strict Liability – Rylands v. Fletcher – Absolute Liability – Remoteness of Damage
Unit III
General Defences – Volenti Non Fit Injuria – Vis Major – Inevitable Accident – Necessity – Statutory Authority – Judicial and Quasi-Judicial Acts – Parental and Quasi-Parental Authority – Mistake – Act of Third Parties – Novus Actus Interveniens – Plaintiff’s Own Fault
Unit IV
Specific Torts – Injuries to Person – Assault – Battery – False Imprisonment – Trespass to Goods – Conversion – Trespass to Land – Interference With Contract or Business – Intimidation – Conspiracy – Injurious Falsehood – Passing Off – Negligent Misstatements – Defamation – Malicious Prosecution – Nuisance
Unit V
Consumer – Definition Under Consumer Protection Act – Consumer of Goods and Services – Defects in Goods – Deficiency in Service – Enforcement of Consumer Rights – Consumer Fora Under the Act – Jurisdiction, Functions and Powers – Procedure – Execution of Orders – Liability Under Motor Vehicles Act, 1988 – Compensation in Motor Vehicle Accidents – Nature and Extent of Insurer’s Liability – Claims Tribunal – Award of Compensation
Suggested Readings
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Winfield – Law of Torts
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Ramaswamy Iyer – Law of Torts
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Achuthan Pillai P.S. – Law of Torts
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Vivienne Harpwood – Modern Tort Law
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P.K. Sarkar – The Motor Vehicles Act, 1988
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D.N. Saraf – Law of Consumer Protection in India
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P. Leelakrishnan (Ed.) – Consumer Protection and Legal Control