Law of Torts
Objectives
This course is designed to study the principles of tortious liability, the defences available in an action for torts, the capacity of parties to sue and be sued, and matters connected therewith. Further, this course is designed to study specific torts against the individual and property. With rapid industrialization, the inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to individuals against mass torts and industrial torts. Keeping in view the expensive character of judicial proceedings, the students should reflect on the alternative forms and also the remedies provided under the Consumer Protection Act, 1986.
Course Contents
UNIT – I
- Evolution of the Law of Torts
- Nature and Scope of the Law of Torts
- Meaning of Tort
- Torts Distinguished from:
- Contract
- Crime
- Development of Ubi Jus Ibi Remedium
- Mental Elements:
- Intention
- Motive
- Malice in Law
- Malice in Fact
UNIT – II
- General Defences
- Vicarious Liability
UNIT – III
- Negligence
- Nuisance
- Absolute Liability
- Strict Liability
Legal Remedies
- Awards
- Remoteness of Damage
UNIT – IV
Torts Against Person
- Torts Affecting the Body
- Assault
- Battery
- Mayhem
- False Imprisonment
Torts Affecting Reputation
- Libel
- Slander
Torts Affecting Freedom
- Malicious Prosecution
- Malicious Civil Action
- Abuse of Legal Process
Torts Affecting Domestic and Other Rights
- Marital Rights
- Parental Rights
- Rights to Service
- Contractual Rights
- Intimidation
- Conspiracy
Torts Against Property
UNIT – V
Consumer Protection Act, 1986
- Salient Features
- Who is a Consumer
- Defect in Goods
- Deficiency in Services
- Medical Services
- Remedies to Consumers
- Consumer Disputes Redressal Agencies
- Limitation for Filing Complaints
- Penalties
Motor Vehicles Act, 1988
- Salient Features
- Liability Without Fault in Certain Cases
- Insurance of Motor Vehicles Against Third-Party Risks
- Claims Tribunal
- Offences
- Penalties
- Procedure