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LAW OF TORTS
COURSE OBJECTIVE AND METHODOLOGY
Law of Torts is basically a judge made law, students are required to study it in the light of
judicial pronouncements. They are required to equip themselves with the latest
developments extending to the entire course.
Unit-1
Law- Meaning, Objects- Civil and Criminal Law- Sources of Law- Historical Perspective of
Law of Torts- Torts Law in England and India.
Nature, Meaning and definition of Torts- Salmond and Winfields definition on Tort- Right,
Duties, Injuries, Damage and damages- Remedy.
Distinction between Crime and Tort, Tort and Contract, Tort and Trust-Privity of Contract and
Tortious Liability.
General Principles of Tortious Liability- Injuria sine damnum- Damnum sine Injuria- Fault as
an Essential Condition- No fault liability- Malice in law and Malice in fact- Intentional Torts
Unit-2
CAPACITY OF PARTIES AND GENERAL DEFENCES
Act of State/Crown- Sovereign Immunity- Capacity to sue and be sued- Judicial OfficersRights of unborn children, Minors and Married women- Lunatics and Corporations
Independent and Joint tort- Feasors , Composite Tort Feasors.
General Defences:
Volunti non fit injuria- Inevitable Accident- Plaintiffs own wrong- Act of GodPrivate defence- Necessity- Mistake- Statutory Authority
Smith v. Charles Baker and Sons (1891) AC 325 (HL) 12
South Indian Industrial Ltd., Madras v. Alamelu Ammal,
AIR 1923 Mad. 565 17
Haynes v. Harwood (1935) 1 K B 146 18
. Ramchandraram Nagaram Rice & Oil Mills Ltd. v. Municipal
Commissioners of Purulia Municipality, AIR 1943 Pat. 408 23. Manindra Nath
Mukherjee v. Mathuradas Chatturbhuj,
AIR 1946 Cal. 175 27
. Hall v. Brooklands Auto Racing Club (1932) 1 KB 205
T.C. Balakrishnan v. T.R. Subramanian, AIR 1968 Ker. 151
Unit-3
FUNDAMENTAL KINDS OF TORTIOUS LIABILITY
Vicarious Liability
Qui facit per alieum facit per se- Principal and Agent ,Master and Servant-In the course of
employment- Independent Contractor-Common Employment
Strict Liability
Rule in Rylands vs. Fletcher- Exceptions to Strict liability- Absolute Liability- MC Mehta vs.
Union of India- Motor Vehicle Act- Workmens Compensation Act- Public Liability
Insurance Act- Environmental Protection Act- Toxic Tort
State Liability
Basis of Liability - Position in England and India; Government Liability in Torts (1)
Constitutional Provisions;Sovereign and Non-sovereign Functions; Law Commission
of India First Report, 1956;Violation of Fundamental Rights and Sovereign Immunity
Economic Tort
Passing off Action- Foreign Tort- Cyber Tort- Cyber Stalking- Cyber Trespass Cyber breach
of privacy- Obscenity- E-Mail bombing- Cyber defamationLiability for
Animals - Scienter Rule - Animals ferae naturae- aAimals mansuetae naturae- Cattle
Trespass
Negligence- Essentials of Negligence- Ros ipsa loquitur Nervous shock- Contributory and
Composite Negligence- Novus actus inter venients.
Nuisance: Prtvate and Public Nuisance - Defamation- Libel and Slander- ExceptionsTrespass- Trespass ab initio- False Imprisonment- Malicious Prosecution- Assault and
Battery- Deceit and Conspiracy