I: Paper-IV : Law of Torts Including Motor Vehicle Accidents and Consumer Protection Laws
Structured subject study centre with syllabus, unit-wise notes, quick references, important statutes and charts.
Subject introduction
Law of Torts, including Motor Vehicle Accidents and Consumer Protection Laws, is an important branch of civil law that deals with wrongful acts causing injury or loss to another person and provides appropriate remedies, primarily in the form of compensation. It covers the general principles of tortious liability, negligence, nuisance, defamation, trespass, strict and absolute liability, vicarious liability and available defences. The subject also examines compensation and liability arising from road accidents under the Motor Vehicles Act, 1988, including motor accident claims and third-party insurance. Further, it studies consumer rights and remedies under the Consumer Protection Act, 2019, including unfair trade practices, defective goods, deficient services, product liability and consumer dispute redressal commissions. Its central purpose is to protect individuals and consumers from civil wrongs and ensure effective compensation for harm suffered.
Syllabus
PAPER-IV:
LAW OF TORTS INCLUDING MOTOR VEHICLE ACCIDENTS AND CONSUMER PROTECTION LAWS
Unit-I:
Nature of Law of Torts - Definition of Tort - Elements of Tort - Development of Law of Torts in England and India - Wrongful Act and Legal Damage - Damnum Sine Injuria and Injuria Sine Damno - Tort distinguished from Crime and Breach of Contract - General Principles of Liability in Torts - Fault - Wrongful intent - Malice - Negligence - Liability without fault - Statutory liability - Parties to proceedings.
Unit-II
General Defences to an action in Torts – Vicarious Liability - Liability of the State for Torts – Defence of Sovereign Immunity – Joint Liability – Liability of Joint Toreadors – Rule of Strict Liability (Ryland’s V Fletcher) – Rule of Absolute Liability (MC Mehta vs. Union of India) – Occupiers liability – Extinction of liability – Waiver and Acquiescence – Release – Accord and Satisfaction - Death.
Unit-III
Specific Torts - Torts affecting the person - Assault - Battery - False Imprisonment – Malicious Prosecution - Nervous Shock - Torts affecting Immovable Property - Trespass to land - Nuisance - Public Nuisance and Private Nuisance - Torts relating to movable property – Liability arising out of accidents
(Relevant provisions of the Motor Vehicles Act).
Unit-IV
Defamation - Negligence - Torts against Business Relations - Injurious falsehood - Negligent Misstatement - Passing off - Conspiracy - Torts affecting family relations - Remedies - Judicial and Extra-judicial Remedies –Damages – Kinds of Damages – Assessment of Damages – Remoteness of damage - Injunctions - Death in
relation to tort - Action personalis moritur cum persona.
Unit-V
Consumer Laws: Common Law and the Consumer - Duty to take care and liability for negligence - Product Liability - Consumerism - Consumer Protection Act, 2019 - Salient features of the Act - Definition of Consumer - Rights of Consumers - Defects in goods and deficiency in services – Unfair trade practices- Redressal Machinery under the Consumer Protection Act - Liability of the Service Providers,
Manufacturers and Traders under the Act – Remedies.
Suggested Readings:
1. Winfield & Jolowicz : Law of Tort, Sweet and Maxwell, London.
2. Salmond and Heuston : Law of Torts, edition, 2nd Indian reprint, Universal Book traders, New Delhi.
3. Ramaswamy Iyer: The Law of Torts, LexisNexis Butterworths, New Delhi.
4. PSA Pillai’s: Law of Tort, Eastern Book Company, Lucknow.
5. Durga Das Basu: The Law of Torts, Prentice Hall of India, New Delhi.
6. Ratanlal & Dhirajlal: The Law of Torts, LexisNexis.
7. R.K.Bangia: Law of Torts, Allahabad Law Agency, Allahabad.
8. Vivienne Harpwood: Law of Torts, Cavendish Publishing Ltd. London.
9. Hepple & Mathews: Tort - Cases and Materials, Butterworth, London.
10.D.N.Saraf: Law of Consumer Protection in India, Tripati, Bombay.