Law of torts play a significant role in protecting a person’s right and it arises when persons duty towards other is affected. Law of Torts mainly deals with civil wrong. This is basically a breach of a duty imposed by law, which gives rise to a civil right of action for a remedy not exclusive to any other area of law. The origin of Law of Torts is England.
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 connection there with. Further, this course is designed to study specific torts against the individual and property. With rapid industrialization, inadequacy of the law to protect the individual is exposed. An attempt shall be accorded to the individuals against mass torts and industrial torts. Keeping in the expensive character of judicial proceedings the students should reflect on the alternative forms, and also the remedies provided under the Consumer Protection Act, 2019.
UNIT-I
Evolution of law of torts- Nature and scope of law of torts- Meaning- Torts distinguished from Contract- Crime- Development of Ubi jus ibiRemedium- Mental elements-Intention, Motive, Malice in Law and in Fact.
UNIT-II
General Defences, Vicarious Liability.
UNIT-III
Negligence; Nuisance; Absolute and Strict liability. Legal Remedies-Awards-Remoteness of damage.
UNIT-IV
Torts against person: Torts affecting body- Assault, Battery, Mayhem and False Imprisonment; Torts affecting reputation-Libel and Slander, Torts affecting freedom-Malicious Prosecution, Malicious Civil Action and Abuse of Legal Process; Torts affecting domestic and other rights-Marital Rights, Parental Rights, Rights to Service, Contractual Rights, Intimidation and Conspiracy; Torts against property.
UNIT- V
Salient features of Consumer Protection Act 2019: Preliminary; Consumer Protection Councils; Central Consumer Protection Authority; Consumer Disputes Redressal Commission; Mediation; Product Liability; Offences and Penalties
Salient features of MV Act, 1988, Liability without fault in certain cases, Insurance of Motor Vehicles against third party risks, Claims Tribunal, Offences, Penalties, and Procedure.
