Course Title: Law of Torts, Motor Accident Claims and Consumer Protection

Credits: 4

Semester I LLB and Semester V BA LLB

Course Objectives:

This course is designed to study the principles of Tortious liability, the defences available in an action for torts, the capacity of parties to sue and be sued and matters connected therewith. Further, this course is designed to study specific torts against the individual and property. With rapid industrialization, the inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to the individuals against mass torts and industrial torts. The objective of the course is to set out the law of private rights and remedies which is unique in nature as it is not covered under any statute. Students will 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. The students will be able to conceptually understand the standing of a person in tort, justifications of tort, discharge of torts, vicarious liability, strict liability, product and services liability and remedies. Students will be acquainted with the rules for Motor Vehicle Accident Claims and the rights and remedies under Consumer Protection Act, 2019.

Course Outcomes:

After the completion of this course the student will be able to:

  • Understand the Concept of Tort as a civil wrong and the remedies available to the aggrieved party.
  • Gain knowledge about Torts against persons, including Assault, Battery, Mayhem, False imprisonment.
  • Understand Torts against property and the concept of Trespass.
  • Comprehend the concepts of Defamation, Nuisance, Negligence, Fraud.
  • Fathom the principles of vicarious and strict liability and the Judicial and extrajudicial remedies.
  • Grasp the concepts in the Consumer Protection Act, the importance of consumer protection law and its implementation through consumer dispute redressal commission.
  • Identify and understand the elements of Motor Accident Claims under the Motor Vehicles Act.

Module 1: General Principles of Tort

  1. Tort: Definition, Nature, Scope and object of Tort, Tort in India.
  2. Distinction from Crime, Breach of Contract etc., who may sue, who may not be sued.
  3. Damnum Sine Injuria, Injuria Sine Damnum
  4. Volenti non-fit Injuria, Ubi jus ibi remedium
  5. Extinguishment of Liability in Tort
  6. General Defenses and Discharge of Torts

Module 2: Torts against person, property, Freedom &Reputation

  1. Trespass to Person: Assault, Battery, Mayhem, False imprisonment.
  2. Torts affecting Property (Movable & Immovable): Trespass, Trespass ab initio etc.
  3. Torts related to Reputation (Defamation) & Personal Relations
  4. Torts affecting person &Property: Nuisance, Negligence, Fraud
  5. Joint Tort-Feasors, Nervous Shock and Malicious abuse of Legal Process.

Module 3: Principles of Liability in Torts and Legal Remedies

  1. Vicarious Liability: Basis, scope, Justification, Different types.
  2. Principle of Strict Liability: Ryland V. Fletcher case with exceptions.
  3. Principle of Absolute Liability: Bhopal Gas Disaster case and Shree Ram Food Oleum Gas Leakage case and orientation to Public liability Insurance Act, 1991.
  4. Judicial and Extra Judicial Remedies.

Module 4: Concept of Consumer & Consumer Protection Act 2019

  1. Consumer: Definition; Defect in goods.
  2. Services: Types of services, Deficiency-meaning, Denial of Services, Commercial & Professional Services, Medical Services.
  3. Consumer Protection Councils.
  4. Consumer Disputes Redressal Agencies: District Commission, State Commission & National Commission, Judicial Review.
  5. Motor Vehicles Act, 1988- Motor Accidents Claims- Claims Tribunals. 4.6 Liability without fault and third-party risks under Motor Vehicles Act, 1988.

Suggested Readings:

  1. Salmond and Heuston – On the Law of Torts, Universal, Delhi
  2. D.D. Basu. The Law of Torts, Kamal, Calcutta. D. M. Gandhi Law of Tort Eastern, Lucknow
  3. P.S. Achuthan Pillai, The Law of Torts, Eastern, Ratanlal&Dhirajlal.. The Law of Torts, Wadhwa. Winfield and Jolowiz on Torts, Sweet and Maxwell, London.
  4. Saraf, D. N. Law of Consumer Protection in India, Tripathi, Bombay
  5. Avtar Singh. The Law of Consumer Protection, Principles and Practice, Eastern Book Co. Lucknow.
  6. J. N. Barowalia, Commentary on Consumer Protection Act, 1986, Universal Delhi.
  7. P. K. Majumdar, The Law of Consumer Protection In India, Orient Publishing Co. NewDelhi.
  8. R.M. Vats, Consumer, and the Law, Universal, Delhi. Winfield and Jolowiz on Tort, Sweet and Maxwell London.
  9. Saraf, D. n. Law of Consumer Protection in India, Tripathi, Bombay 44
  10. P. Mathur‘s Law Relating to Motor Vehicles: Eastern Book Company (Revised by Justice G. C. Mathu)

No man is above the law and no man is below it: nor do we ask any man’s permission when we ask him to obey it.
– Theodore Roosevelt

Change is the law of life. And those who look only to the past or present are certain to miss the future.
– John F Kennedy

We must reject the idea that every time a law’s broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
– Ronald Regan

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.
– Thomas Jefferson

What is tolerance? It is the consequence of humanity. We are all formed of frailty and error; let us pardon reciprocally each other’s folly – that is the first law of nature.
– Voltaire

The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom.
– John Locke