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    Law of Torts

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    Shantanu Vaishnav
    This document outlines the syllabus for a semester 3 law course on torts. It covers 10 modules that will examine topics such as the definition and nature of tort law, defenses, parties involved, forms of liability, nuisance and negligence, defamation, trespass, remedies, and consumer protection acts. The syllabus lists key concepts that will be discussed in each module and provides references for further reading. It also lists relevant case studies that will be examined pertaining to each module's topics.

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    Law of Torts

    Uploaded by

    Shantanu Vaishnav
    312 views5 pages
    This document outlines the syllabus for a semester 3 law course on torts. It covers 10 modules that will examine topics such as the definition and nature of tort law, defenses, parties involved, forms of liability, nuisance and negligence, defamation, trespass, remedies, and consumer protection acts. The syllabus lists key concepts that will be discussed in each module and provides references for further reading. It also lists relevant case studies that will be examined pertaining to each module's topics.

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    This document outlines the syllabus for a semester 3 law course on torts. It covers 10 modules that will examine topics such as the definition and nature of tort law, defenses, parties involved, forms of liability, nuisance and negligence, defamation, trespass, remedies, and consumer protection acts. The syllabus lists key concepts that will be discussed in each module and provides references for further reading. It also lists relevant case studies that will be examined pertaining to each module's topics.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    312 views5 pages

    Law of Torts

    Uploaded by

    Shantanu Vaishnav
    This document outlines the syllabus for a semester 3 law course on torts. It covers 10 modules that will examine topics such as the definition and nature of tort law, defenses, parties involved, forms of liability, nuisance and negligence, defamation, trespass, remedies, and consumer protection acts. The syllabus lists key concepts that will be discussed in each module and provides references for further reading. It also lists relevant case studies that will be examined pertaining to each module's topics.

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    of 5

    SYLLABUS

    LAW OF TORTS
    SEMESTER III

    Course Teachers: Dr. Dipak Das, Dr. Kiran Kori & Ms. Vinita Tripathi

    Module I: INTRODUCTION

     Definition, Nature and Scope of Law of Torts


     Torts and Crime
     Torts and Contract
     Essential Elements of Law of Torts.
     Pigeon Hole Theory

    Cases:

    1. Municipal Corporation Delhi vs. Subhagwanti, AIR 1966 SC 1750


    2. Ashby v. White (1703) 2 Lord Raym 933
    3. Bhim Singh v. State of J&K, AIR 1968 SC 494
    4. Gloucester Grammer School case 1410
    5. Mayor of Bradford v. Pickles (1895)

    Module II: : DEFENCES

     Specific Defences
     Volenti non fit injuria
     Act of God (Vis major)
     Inevitable Accident
     Necessity
     Private Defense
     Novus actus interveniens
     Statutory Authority
     Judicial and Quasi-judicial Authority
     Parental and Quasi-parental Authority
    Cases:

    1. Padmawati v. Dugganaika, 1975


    2. Hall v. Brook Lands Auto Racing Club, 1933
    3. Brown v. Kendall, 1850
    4. Nichols v. Marshland, 1876
    5. Kallulal v. Hemchand, 1958

    Module III: PARTIES

     Capacity and Parties in Torts


     Joint and Several Tort-feasors
     Malfeasance, Misfeasance, Nonfeasance.

    Module IV: LIABILITY

     Strict Liability – Introduction


     Rule in Ryland’s v. Fletcher
     Dangerous thing
     Escape of thing - Non-natural use of land
     Exceptions - Its criticisms.
     Absolute Liability – Bhopal Gas Leak Disaster Case.
     Vicarious Liability – Introduction – Master and Servant – Doctrine of Common
    Employment.
     Vicarious Liability of State

    Cases:

    1. Rylands v. Fletcher, 1868


    2. Crowhurst v. Amersham Burial Board, 1878
    3. Bolton v. Stone, 1951
    4. M C Mehta v. UOI, 1987
    5. Indian Council for Enviro-Legal Action v. UOI, 1996
    6. P & O Steam Navigation Co. v. Secretary of State, 1861
    7. State of raj. v. Vidyawati, 1962
    8. Kasturila v. State of UP,1965
    9. Cassidy v. Minister of Health, 1951

    Module V: NUISANCE and NEGLIGENCE

     Nuisance – Definition
     Types of Nuisance: Private, Public and Statutory Nuisance
     Essentials of Private Nuisance
     Remedies
     Defences
     Negligence – Definition
     Elements of Negligence
     Res Ipsa Loquitor
     Contributory Negligence
     Defences

    Cases:

    1. St. Helens Smelting Co. v. Tipping, 1865


    2. Donoughe v. Stevenson, 1932
    3. Glasgow Corp. v. Taylor, 1992
    4. KSEB v. Suresh Kumar, 1986
    5. Dr. Ram Raj Singh v. Babulal, 1982

    Module VI: DEFAMATION

     Defamation – Introduction – Definition


     Libel and Slander – Its Differences
     Essentials of Defamation
     Innuendo
     Defences

    Cases:

    1. Cassidy v. Daily Mirror, 1929


    2. D P Choudhary v. Manju Lata, 1997
    3. T J Ponnen v. M C Verghese, 1970
    4. Knapffer v. London Express Newspaper Ltd., 1944
    5. D N Sen v. RK Bhadre, 1970

    Module VIII: TRESPASS

     Trespass to Person
     Assault
     Battery – Mayhem
     False Imprisonment.
     Trespass to Land – Definition – Methods – Trespass abinitio – Remedies – Defences

    Cases:

    1. Six Carpenters Case (1610) 8 Co. Ref. 146


    2. Bird v. Jones (1845) 7 QB 742
    3. Bhim Singh v. State of J & K AIR 1968 SC 494
    4. Rudal Shah v. State of Bihar (1983) 4 SCC 141
    5. Ellis v. Loftus Iron Co. 1874 LR 10 CP 19

    Module IX: REMEDIES

     Judicial Remedies
     Damages – Types of Damages – Remoteness of Damages
     Injunction – Specific Restitution – Constitutional Remedies.
     Extra – judicial Remedies: Self-help – Expulsion of trespasser

    Module XII: CONSUMER PROTECTION ACT, 1986

     History and Development of Consumer Protection Laws in India


     Object and Reasons of Consumer Protection Act, 1986
     Definitions- Consumer Protection Councils
     Consumer Disputes Redressal Agencies

    References:
    1. W V H Rogers, Winfield & Jolowicz Tort, Sweet & Maxwell, London.
    2. R F V Heuston & R A Buckly, Salmond and Heuston on Law of Torts, Universal
    Law Publishers, Delhi.
    3. B M Gandhi, Law of Torts, E B C, Lucknow.
    4. Ratanlal & Dhirajlal, The Law of Torts, Wadhwa, Nagpur.
    5. R K Bangia, Law of Torts, ALA, Haryana.
    6. G B Reddy, Law of Consumer Protection, Gogia Law Agency, Hyderabad.
    7. S K Verma, A. Wani, S S Jaswal, A Treatise on Consumer Protection Laws, ILI, New
    Delhi.
    8. V. Balakrishna Eradi, Consumer Protection Jurisprudence, Lexis Nexis, New Delhi.

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