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T1460-Law of Torts Including MV Accident and Consumer Protection Laws I
T1460-Law of Torts Including MV Accident and Consumer Protection Laws I
Course Title: Law of Torts including MV Accident and Consumer Protection Laws I
Number of Credits: 2
Level: 4
Learning Objective(s):
1. To discuss the law of private rights and remedies which are not covered by statute.
2. To understand the operation of, and recognise the large potential of expansion of
this branch of law which governs actions for damages for injuries to certain kinds
of rights, like the right to personal security, property and reputation.
3. To apply the principles of Law of Torts in contemporary areas like Human Rights,
Environmental Rights, and Intellectual Property Rights.
4. To examine the differing requirements which lead to civil liability for different
torts against person and property.
Learning outcomes:
1. Explain the law of private rights and remedies which are not covered by statute.
2. Display understanding of the operation of this branch of common law and its potential
of expansion which governs actions for damages for injuries to certain kinds of rights,
like the right to personal security, property and reputation.
3. Demonstrate application of the principles of Law of Torts in contemporary areas like
Human Rights, Environmental Rights, and Intellectual Property Rights.
4. Appraise the differing requirements which lead to civil liability for different torts
against person and property.
Pre-requisites:
1. XII Standard
2. To pursue 5 year UG Law programme in any recognized centre of SIU.
3. To have suggested reading as per session plan and other resources such as
films, documentary, as provided by the course instructor
Course Outline
2.1.Introduction
2.2.Locus Standi
2.2.1. Traditional Doctrine of Locus Standi in Private
Law Litigation
2.2.2. The Liberalisation of Locus Standi in Public
Interest Litigation
● Private Legal Injury to Others
● Injury to Public Interest
● Injury to Public Interest with Specific Injury
2.2.3. Bhopal Gas Leak Disaster and Class Action
● General Observations
● Bhopal Gas Leak Disaster Processing of
Claims Act, 1985
● CharanLalSahu v. Union of India, 1990 1 SCC
613
2.3.Limitations of Personal Capacity
2.3.1. Who Cannot Sue?
● Convict
● Alien Enemy
● Insolvent Person
● Husband & Wife
● Corporation
● Foreign State
2.3.2. Who Cannot Be Sued?
● Foreign Sovereigns
● Ambassadors
● Infants
● Lunatics
● Corporations
● Persons Having Parental or Quasi-Parental
Authority
● Trade Unions
● Married Women
2.4.Conclusion
3 Justification in Tort 04
3.1) Introduction
3.2) Volenti Non Fit Injuria
3.3) Plaintiffs Default
3.4) Mistake
3.5) Act of God /Vis Major
3.6) Necessity: Private and Public
3.7) Inevitable Accident
3.8) Private Defense
3.9) Statutory Authority
3.10) Judicial and Quasi-Judicial Acts
3.11) Parental and Quasi-Parental Authority
3.12) Conclusion
4 Discharge of Torts 01
1.1.Introduction
1.2.ActioPersonalisMoritur Cum Persona
1.3.Waiver and Acquiescence
1.4.Release
1.5.Accord and Satisfaction
1.6.Statutes of Limitation
1.7.Conclusion
5 Vicarious Liability 04
5.1) Introduction
5.2) Justification for the Vicarious Liability
5.2.1. Ratification
5.2.2. Abetment
5.3) Special Relationships: Master and Servant, Principal
and
Agent, Partners
5.4) Course of Employment
5.4.1. Policy Factors
5.4.2. Test Based on Implied Authority
6.1) Introduction
6.2) The Rule in Rylands v. Fletcher
6.3) The Essentials of Liability
6.3.1. The Thing Must Be Brought On To the Defendant's
Land
6.3.2. Escape
6.4) Defences
6.4.1. Plaintiff's Consent
6.4.2. Plaintiff's Own Fault
6.4.3. Act of Third Party
6.4.4. Act of God
6.4.5. Statutory Authority
6.5) Rylands v. Fletcher and Nuisance
6.6) The Future of Strict Liability in General
6.6.1. M.C. Mehta v. Union of India, AIR 1987 SC 1086
6.6.2. Union Carbide Corporation v. Union of India, AIR
1992 SC
248
6.6.3. Jai Laxmi Salt Works P Ltd. v. State of Gujarat,
1994 4 SCC 1
6.6.4. Rural Indian Council for Enviro-legal Action v.
Union of
India, AIR 1996 SC 1446
6.6.5. The Public Liability Insurance Act, 1991
6.6.6. Conclusion
7 Remedies 04
8.1) Introduction
8.1.1. Object of the Motor Vehicles Act
8.1.2. Offences, Penalties and Procedure
8.1.3. Forum of Law
8.1.5. Jurisdiction and Limitation
8.2) Liability without Fault
8.2.1. Law Relating to Compensation to the Motor
Accident
Victims, Before and After 1956
8.2.2. Absolute Liability in Automobile Cases and the
Judicial
Pronouncements
8.3) Eighty Fifth Report of the Law Commission of India on
No-fault
Liability
8.4) Landmark cases
Pedagogy:
1. Lecture
2. Discussion
3. Field visits
4. Case study
5. Guest lectures
6. Self study
7. Projects
Books Recommended:
All external courses will have 40% internal component and 60% external
component [University] examination. Methodology of Internal Assessment will be
at least 4 components from the following list of assessment methods:
● Seminar Presentations
● Viva Voce
● Quiz
● Essays
● Projects
Name of
Members
Designation
Org. / Inst.
Signature
Name of
Experts
Designation
Org. / Inst.
Signature
Signature of Dean:
Date: