Law of Torts
Semester 1 · 16 topics in 5 units
Unit I 3 topics
- Tort: meaning, nature and distinctionsHow the law of torts grew in England and came to India, the definitions of Salmond, Winfield and section 2(m) of the Limitation Act, the essentials of a tort, and how a tort differs from a crime, a breach of contract and a breach of trust.7 min
- Ubi jus ibi remedium and legal damageWhere there is a right there is a remedy: Ashby v. White, injuria sine damno, damnum sine injuria and why legal damage, not actual loss, is the essential of a tort.6 min
- Mental elements: intention, motive and maliceThe states of mind the law of torts looks at: intention, negligence and recklessness; why motive is generally irrelevant (Bradford Corporation v. Pickles); malice in law and malice in fact; and the torts where motive does matter.6 min
Unit II 2 topics
- General defences in tortThe defences open to a defendant in any tort: volenti non fit injuria and the rescue cases, plaintiff the wrongdoer, inevitable accident, act of God, private defence, necessity, mistake, statutory authority and the plea of sovereign function.7 min
- Vicarious liabilityLiability for the torts of another: the basis of the rule, master and servant, the course-of-employment test with Lloyd v. Grace Smith, Century Insurance and State Bank of India v. Shyama Devi, independent contractors, principal and agent, partners, and the State.7 min
Unit III 4 topics
- NegligenceDuty, breach and damage: the neighbour principle and Caparo, the standard of care, res ipsa loquitur, medical negligence after Jacob Mathew, contributory negligence and apportionment, and nervous shock, with the drowning-boy lifeguard problem worked out.9 min
- NuisancePublic and private nuisance, the essentials of each, defences and remedies, the Allahabad cases on brick kilns and flour mills, and the cinema hoarding problem answered under nuisance, negligence and strict liability.7 min
- Strict and absolute liabilityThe rule in Rylands v. Fletcher and its exceptions, the Supreme Court's rule of absolute liability in the oleum gas case, Bhopal, Indian Council for Enviro-Legal Action, the polluter pays principle and the Public Liability Insurance Act, 1991.7 min
- Remedies and remoteness of damageJudicial remedies (the kinds of damages and injunctions), extra-judicial remedies such as self-help, abatement and re-entry, and the two tests of remoteness, from Re Polemis to The Wagon Mound, with Scott v. Shepherd and intervening acts.7 min
Unit IV 5 topics
- Assault, battery, mayhem and false imprisonmentThe four forms of trespass to the person, the cases that define each, and the constitutional remedy of compensation for illegal detention by the State.8 min
- Defamation: libel and slanderThe essentials of defamation, the difference between libel and slander, innuendo and unintentional defamation, and the defences of truth, fair comment and privilege.7 min
- Malicious prosecution and abuse of legal processThe five essentials of malicious prosecution, the narrow tort of malicious civil proceedings, and abuse of legal process, with the balance between free access to courts and protection from vexatious litigation.6 min
- Torts affecting domestic and other rightsInterference with marital, parental and service relationships, and the economic torts of inducing breach of contract, intimidation and conspiracy.7 min
- Torts against propertyTrespass to land and trespass ab initio, trespass to goods, conversion and detinue, and how to tell them apart in an answer.7 min
Unit V 2 topics
- Consumer Protection Act, 2019The Act that replaced the 1986 law: who is a consumer, defect and deficiency, unfair trade practices, product liability, the Central Consumer Protection Authority, the three Commissions and their jurisdiction, limitation and mediation.8 min
- Motor Vehicles Act: liability and claimsAccident compensation under the Motor Vehicles Act, 1988 as amended in 2019: no-fault liability, hit and run, compulsory third-party insurance, Claims Tribunals, and the multiplier method of Sarla Verma and Pranay Sethi.7 min