1. OBJECTIVES OF THE COURSE The objective behind teaching the 'Law of Torts’ is to set out the law of Private rights and remedies, which are not covered by atute. Students need to be well acquainted ‘with this branch of law governing actions for damages for injuries to certain kinds of rights, like the right to personal security, property and reputation. ‘This branch of common law has a large potential to expand and apply its principles in contemporary areas Tike Human Rights, Environmental Rights, and Intellectual Property Rights. Hence, a student of law needs to have good knowledge about Law of ‘Torts. ‘The Paper Purports to make students understand the nature of tort and conditions of lability with reference to established case law. Further, it incorporates the Consumer Protection Act, 1986. In this course we will examine the law of torts with respect to these differing purposes and with particular reference to the imposition of liability and the provision of remedies for “injuries” of various kinds arising from negligence and related matters. Il. PROPOSED TEACHING SCHEDULE leaching for the Odd Semester will be done in the months of July to December in he Academic session of 2016-2017 and as per the guidelines approved by the HoD. The course will be divided in the following manner: Module 1 ----- 10 hr Module 2 —-— 12he Module3 ----- 20 hr Module 4 ----- 20 hr Module 5 ----- 10 TOTALMODULE I: INTRODUCTION AND PRINCIPLES OF LIABILITY IN TORTS © Meaning and function of Law of Torts — Standards of human conduct, Redressal of wrongs through payment of compensation/ injunction. © Definition of Tort Constituents of Tort — Wrongful Act, Damage and Remedy Development of Tort actions in England (Forms of action — Specific remedies from case to case)and India (Un-codified and judge-made - Advantages and disadvantages); Injuria Sine Damna and Dammam Sine Injuria — Ubi jus ibi remedium. © Distinctions: Tort distinguished from contract, guasi contract and crime MODULE II: DEFENSES & JUSTIFICATION IN TORTS © Volent non-fit Injuria- Essentials for the application of defence, the defence — Rescue cases and Unfair Contract Terms Act, 1977 (U non fir injuria. © Necessity, Plaintiff's default, Act of God, Inevitable accidents, Private defences, Judicial and Quasi Judicial Acts, Parental and quasi-parental authority MODULE III: LIABILITY © Concept of Fault & No Fault Liability © No Fault Liability: Strict Liability and Absolute Liability; Liability under modern legislation— The Public Liability Insurance Act, 1991 © Vicarious Liability Scope and Justification: Position in England and India; (b) Government Liability in Torts - (1) Constitutional Provisions; (2) Doctrine of Sovereign Immunity, Sovereign & Non-Sovereign Function © Violation of Fundamental Rights and Sovereign Immunity © Concept of Remoteness of Damag Polemis and Furness, Withy & Co.(1921) AMER Rep. 40 ©. Test of Directnes © Test of Rreasonable foresceablilty: Overseas Tankship (UK) Ltd. x. Morts Dock & Engineering Co.[‘The Wagon Mound] (1961) 1 All ER 404MODULE IV: SPECIFIC TORTS e Defamation : Libel & Slander, « Defences, es/Justification, ‘Truth, Fait and Bonafide Comments, Privilege \bsoluité & Qualified Priviléges; Consent and Apology Negligence: Theories of Negligence; Meaning and Definition; Pssent Ingredients duty to take care, breach of duty, consequent damage: Proof Nealigence- Res ipsa loquitor ® Nervous Shock: English & Indian Laws © Nuisance MODULE V: CONSUMER PROTECTION Iv. Basic Concepts: Consumer, Service, Goods ¢ Authorities: District Consumer Forum, State Consumer Dispute Redre: Forum, National Consumer Dispute Redressal Forum Remedies: Compensation SELECTED READINGS: 1. White v. John W ‘arrick e Co., Ltd., (1953) 2 AN ER 1021 2. Town Area Committee V. Prabhu Dayal, IR 1975 All. 132 3. P. Seetharamayya s. G. Mahalakshmamma, AIR 1958 AP 103 4. Jayalakshmi Salt Works Pot. Ltd. v. State of Gujarat (1994) 4+ Scc 1 5. State of A. P. v. Govardhanlal Pitti (2003) 3 SCALE. 107 6. Ashby v. White (1703) 2 Lord Raym 938 7, Municipal Corpn. of Agra. Asharf Lat, AIR 1921 AD. 202 8. Mayor af Bradford Corpn.v. Pikes (1895) AC 587 9. Glousceter Grammer School case (1410) ¥.B. 11 hen. TV of 47 10. Smith v. Charles Baker and Sons (1891) AC 325 (HL) 12 11 South Indian Industrial Ltd, Madras x. Alamelu Ammal, SIR 1923 Mad. 5¢ 12. Haynes v. Harwood (1935) 1 KB 146 18 13 Ramchandvaram Nagaram Rice &* Oil Mills L4d. v. Municipal Commissi Punuiia Municipality, AVR 1943 Pat. 408 14. Manindra Nath Mukherjee v. Mathuradas Chatturbhuj.. IR A946 Cal. 175 15. Hall, Brooklands Auto Racing Club (1932) 1 SB 208CONSULTATION HOURS AND GENERAL INSTRUCTIONS the second half of the day to the concemed faculty with e Guidelines for Projects T specifications: ‘he final copy of the project should be presented in accordance with the following + ‘The paper used for printing shall be of A4 size. + Printing shall be in a standardized form, on both sides of the paper and in one- and a half spacing. * Font: Times New Roman + Bont Size: Main Heading 16 (Bold), Sub Heading 14(Bold) and text 12. Mlignment: Justified. © MS Word: 2003-7 Version, Page layout: left-1.5 em, top-right- bottom-I cm. * Word Limit: 2000-2500 Maximum. |\ margin of one-and-a-half inches shall be left on the left hand side. ‘The title of the project, name of the candidate, degree, faculty, university, month and year of fubmission, and the name of the research guide with his/her designation and full official address shall be printed on the first page and on the front cover as given in Annexure “\’, A certificate (Annexure ‘B’) affirming that the research work of the candidate is original, and that the material, if any, borrowed from other sources and incorporared in the thesis has been duly acknowledged should be signed by the candidate and counter signed by the research guide. It should also state that the candidate himself/herself would be held responsible and accountable for plagiarism, if any, detected later. ‘The candidate should further certify that research papers, if any, published based on the research conducted out of and in the course of the study. ‘The first few pages of the Research Project should be given as per Annex Bibliography should be written alphabetically. eeTATION HOURS AND GENERAL INSTRUCTIONS nsuk ean approach in the second half of the day to the concerned faculty with Jared problems ct rel Guidelines for Projects rhe final copy of the project should be presented in accordance with the following ecifications: + ‘The paper used for printing shall be of \4 size a standardized form, on both sides of the paper pacing, . Font: imes New Roman «Font Size: Main Heading 16 (Bold), Sub Heading 14(Bold) and text 12, Alignment: Justified. * MS Word: 2003-7 Ve bottom-1 cm. yn, Page layout: left-1.5 cm, top-right- - Word Limit: 000-2500 Maximum \ margin of one-and-a-half inet shall be left on the lett hand side. ‘The title of the project, name of the candidate, degree, faculty, university, month and year of submission, and the name of the ch guide with his/her designation and full official add : printed on the first page and on the front cover as given in Annexure ‘A’, J ¢ (Annexure ‘B)) affirming that the research work of the candidate is original, and that the material, if any, borrowed from other sources and incorporated in the thesis has been duly acknowledged should be signed by the candidate and counter signed by the research guide. It should also state that the candidate himself/herself would be held responsible and accountable for plagiarism, if any, detected later, The candidate should further certify that research papers, if any, published based on the research conducted out of and in the course of the study. 2 ‘The first few pages of the Research Project should be given as per Annexure Bibliography should be written alphabetically.