Format No. QSP/7.1/01.

F01 (C)

IssueNo.04 Rev. No 4 Dated: June 7, 2014

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies
Dehradun

COURSE PLAN

Programme: B.A., LL.B.(Hons.) Energy Laws, BBA, LL.B. (Hons.), Corportae Laws, BBA, LL.B. (Hons.)
International Trade & Investment, Law, B.A. LL.B. (Hons.) Criminal Law, B.Com. LLB (Hons.)
Texation Laws, B. Tech. (CSE), LL.B. (Hons.) Cyber Laws & B. Tech.(ET) LL.B.(Hons) IPR.
Course: Law of Torts and Consumer Protection Law
Semester: II
Session: Jan to May. 2017
Batch: 2016 -21
Subject Code: LLBL 241
No. of credits: 4
Prepared by: Arti Jayaswal, Debarati Pal, Eira Mishra, Krishna Deo Singh Chauhan, Vivek Mukherjee, Yasha
Sharma
Email : ajayaswal@ddn.upes.ac.in, dpal@ddn.upes.ac.in,
emishra@ddn.upes.ac.in, kchauhan@ddn.upes.ac.in,
vmukherjee@ddn.upes.ac.in, ysharma@ddn.upes.ac.in

Approved By

_______________________ _______________________
HOD Dean

UPES Campus Tel : +91-135-2770137

“Knowledge Acres”, Village Kandoli, Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
 COURSE PLAN
Subject: Law of Torts and Consumer Course: BA., LL.B. (Hons.) Energy Laws etc.
Protection Law

Duration: Jan 2017 – July 2017 Subject LLBL 241

code:

1. OBJECTIVES:

The objectives of this course are as under:

 To acquaint the students with the principal doctrines of Tort Law and to be able to thoroughly
analyze tort problems, applying torts law to facts.

 To gain an appreciation of the theory and philosophy behind the common law of torts and learn
something of the historical and jurisdictional context of present-day tort law.

 To gain an understanding how tort law works in practice and how rhetoric, strategy, and values
affect the law and the outcomes of cases.

 To familiarize the students with the nature and extent of liability of the private enterprises,
multinationals and the government authorities for the wrongs committed against the individual
and their property.

 To develop sound knowledge, skills and disposition on some of the contemporary issues of
Specific Torts, Cyber Tort, Family Tort, and Economic Tort, Product Liability etc.

 To teach and acquaint the students with the concept and extent protection of Consumers in India
with reference to the Consumer Protection Act.

2. LEARNING OUTCOMES

A student who successfully completes this subject will be able to:

 Demonstrate knowledge of the principles governing each area of the module covered through
the use of appropriate legal terminology.

 Comprehend the principles of each area of tort law and the difference between various areas
covered under the course.

 Provide an analysis, discussion and commentary upon the various subject matters covered.

 Apply the principles arising from each area to novel factual scenarios.

College of Legal Studies July.-December. 2015

 3. COURSE OUTLINE

The course has been structured as per following 8 modules:

Module 1:- Definition and Nature and General Defenses of the Law of Tort
 Evolution of Law Torts
o England
o India
 Definition, nature, scope and objects of the law of torts.
 Difference- “Law of Tort” or “Law of Torts.” Tort & Crime, Tort & Contract
 Basis of the tortuous liability; Basic legal maxims for Determination of liability; viz Ubi jus Ibi
remedium, Injuria Sine Damnum and Damnum Sine Injuria.
 Volenti non fit injuria, Vis Major (Act of God), Inevitable Accident, Necessity
 Statutory Authority, Judicial and Quasi Judicial, Parental and Quasi- Parental Authorities.
 Private Defences, Act of Third Parties, Plaintiff’s Default, Mistake

Module 2:- Negligence, Contributory Negligence and Nuisance

 Negligence as a tort and its various dimensions in the present world viz. Professional
Negligence, psychiatric damage; economic loss; Foresight of harm as test of the existence of
negligence, Proximate Cause and Intervening cause, concurring negligence of the third person
 Remoteness of Damage- Various principles for fixing the liability and to ascertain the
damages for the wrong committed viz “But for Test”, “Directness Test” and the “Doctrine of
Reasonable foresight”.
 Contributory Negligence, Last Opportunity Rule, Res Ipsa Loquitur, Injury Caused by
Plaintiff’s negligence, Injury Caused by Defendant’s negligence, Concurring Contributory
negligence, Representation in Contributory Negligence and Imputed Negligence.
 History of Nuisance, Nuisance and interference with real rights, Remedy for Nuisance,
Nuisance in conduct of Business, Public Nuisance.

Module 3:- Torts Against Human Being and Property

 Assault, Battery, Emotional Distress, Malicious Prosecution and abuse of legal proceedings,
Conspiracy, False Imprisonment
 Defamation: Freedom of Speech and Expression and liability for Defamation in the civil and
criminal law, different branches of Defamation: Libel, Slander and hybrid types of the
Defamation; Defamation in Blogs & Cyberage; Privilege, fair Comment and Criticism, malice
and right of privacy.
 Trespass to land, trespass to goods, conversion, Passing off, Injury to trademark, patent &
copyrights.

Module 4:- Liability for the Wrong Committed by Other Person

 Principle of Vicarious Liability and its basis- Master and Servants, Principle and Agent, Partners
of a firm,
 State’s Liability: Doctrine of Sovereign Immunity.
 Joint Tort Feasors, joint and several liabilities in payment of damages.

Module 5: - Liabilities not based on fault

 Principle of Strict Liability and applicability of it in India, Exceptions of strict liability,
 The Principle of Absolute Liability

Module 6: - Remedies
College of Legal Studies July.-December. 2015
  Remedies – extra judicial remedies, judicial remedies- damages, injunction , restitution,
abatement of nuisance and writs

Module 7: Statutory Tort

1. Consumer Protection Act:
 Product Liability – theories of causation, defectiveness and proximate reason, tortuous
misrepresentation and negligence,
 The Consumers’ Protection Act and its applications.
 Consumer courts and commissions
2. Introduction of Motor Vehicles Act,1988

Module 8: Cyber Tort

 Rights in Cyberspace, Cybertrespass, Cyberstalking, Spamming, Invasion of Privacy in

Cyberspace, Cyber libel, Cybersquatting, Cyber defamation, Product liability in a hi-
tech environment Jurisdiction in Cyber tort

4. PEDAGOGY

Lecture / Presentation on various topics would be made using PPTs, multi-media and interactive modes
wherever suitable.

Students are expected to come prepared for the topics for discussion in the class/ case studies/
Presentations/ Viva-voce in order to make the sessions more meaningful. Students are also expected to
ask questions, engage in discussion and answer questions based on readings and prior classroom
discussions.

 PPT
 Multimedia
 Lecture
 Case Studies
 Chalk and talk
 Random Questioning
 Reflections

5. COURSE COMPLETION PLAN

Sessions: 48 (lectures of 1 hour each) for a 4 credit course.

Total hours per week: 4

6. EVALUATION & GRADING

Description Weight age Schedule

1. Continuous Assessment 30% Refer to Section 8

College of Legal Studies July.-December. 2015

 2. Mid-term Exam 20% Academic Calendar

3. End-term Exam 50% Academic Calendar

Internal Assessment: Marks 100

1) Continuous Assessment

Continuous Assessment: (Marks 100 – converted to 30) shall be done based on the following 5
components:
a. Two class tests/snap-test/quiz 20 Marks (02 x 10 Marks)
b. Assignment 20 Marks
c. Project work 20 Marks
d. Subject grand viva 20 Marks
e. Attendance 20 Marks

The details of each component are as follows:

a. Class tests / snap-test / quiz:

Two Quizzes/Tests will be conducted, as per indicated in the Course Plan. Each quiz/test will carry 10
marks. Therefore, two quizzes/tests will carry 20 marks. It may contain Multiple choice questions or
short questions/key terms covering modules as specified in the course plan / cases covered to ascertain
that whether the students could understand the basic concepts or not. Online quiz on LMS (Max. 45
Minutes) may be conducted.

b. Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand written, to
submit/present on a definite date (which shall be communicated in the class). The assignment is attached
with the course plan as Annexure-1.

c. Projects/Presentations/Paper Review/Case Analysis/Write-up/Paper

Every student will be asked to prepare a project from the suggested List and go through the
primary/secondary data collection and analysis/interpretation and finally prepare the Project. The project
preparation would be in groups of 4 members each. Students are also required to make a presentation on
that topic on a scheduled date (would be communicated in the class). The duration of a group
presentation will be 5-10 minutes; followed by 5 minutes discussion/query session.

Students are encouraged to review research papers and write/publish papers jointly with their peers or
their faculty.

d. Subject grand viva

All the topics taught in the Semester will be relevant for the viva. The students are advised to
prepare thoroughly.

e. Attendance

Formula for attendance marks:

College of Legal Studies July.-December. 2015
 67-75 % 0 Marks
75-80% 5 Marks
80-85% 10 Marks
85-90% 15 Marks
90%-100% 20 Marks

2) Mid- Sem Examination

Mid- Sem examination shall be of two hour duration and shall be a combination of objective type
questions, short theory questions, long theory questions and hypothetical problems.

3) End -Sem Examination

End-Sem examination shall be of three hours duration. The examination paper shall be a
combination of objective type questions, short theory questions, long theory questions and
hypothetical problems.

Passing Criterion: minimum 40% of the highest marks in the class

Student has to secure minimum 40% marks of the “highest marks in the class scored by a student in
that subject (in that class/group class)” individually in both the ‘End-Semester examination’ and
‘Total Marks’ in order to pass in that paper.

Attendance: minimum attendance of 75% in each subject

Students are required to have minimum attendance of 75% in each subject. Students with less than
said percentage shall NOT be allowed to appear in the end semester examination. The students
obtaining 100% attendance would be given 5% bonus marks for internal assessment.

Cell Phones and other Electronic Communication Devices:

Cell phones and other electronic communication devices (such as Blackberries/Laptops) are not
permitted in classes during Tests or the Mid/Final Examination. Such devices MUST be turned off inside
the class room.

E-Mail and LMS:

Each student in the class should have an e-mail id and a pass word to access the LMS system regularly.
Regularly, important information – Date of conducting class tests, submission deadlines, guest lectures,
syndicate sessions etc. to the class will be transmitted via e-mail/LMS. The best way to arrange meetings
with the faculty or ask specific questions is by email and prior appointment. All the assignments
preferably should be uploaded on LMS. Various research papers/reference material will be
mailed/uploaded on LMS time to time.

7. DETAILED SESSION PLAN

College of Legal Studies July.-December. 2015

SESSION TOPIC
MODULE 1: DEFINITION AND NATURE AND GENERAL DEFENSES OF THE LAW OF TORT
1.
Introduction, Definition, Nature
2. Theories of Winfield and
Salmond
Difference-
1. Tort & Crime,
2. Tort & Contract,
3. Tort & breach of trust
4. Tort &t quasi contract
3.
Kinds, Essentials, Mental
Element in tort
4.
legal maxims for Determination
of liability; viz Ubi jus Ibi
remedium,
5.
Injuria Sine Damnum and
Damnum Sine Injuria.
6.
Volenti non fit injuria, Vis
Major (Act of God)
7.
Inevitable Accident, Necessity
College of Legal Studies
READINGS PEDAGOGY
 Chalk & Talk
Justice G.P. Singh, The Law of  Examples
Torts, 27th Edn., Ratanlal &  Discussion
Dhiraj Lal  Random questions
 Reflections
 PPT Presentation
 Chalk & Talk
Justice G.P. Singh, The Law of  Examples
Torts, 27th Edn., Ratanlal &  Discussion
Dhiraj Lal  Random questions
 Reflections
Justice G.P. Singh, The Law of  PPT Presentation
Torts, 27th Edn., Ratanlal &  Chalk & Talk
Dhiraj Lal  Examples
 Discussion
 Random questions
 Reflections
Justice G.P. Singh, The Law of  PPT Presentation
Torts, 27th Edn., Ratanlal &  Chalk & Talk
Dhiraj Lal  Examples
Case study:  Discussion
 Gloucester Grammer  Random questions
School case(14190 V.B.
Hill 11
Justice G.P. Singh, The Law of  PPT Presentation
Torts, 27th Edn., Ratanlal &  Chalk & Talk
Dhiraj Lal  Examples
Case study:  Discussion
 Ashby v. White (1703)2  Random questions
LR 938
Justice G.P. Singh, The Law of  Chalk & Talk
Torts, 27th Edn., Ratanlal &  Examples
Dhiraj Lal  Discussion
 Random questions
Justice G.P. Singh, The Law of  Chalk & Talk
Torts, 27th Edn., Ratanlal &  Examples
 Discussion
Dhiraj Lal
 Random questions
July.-December. 2015
 8. Statutory Authority, Judicial and
Quasi Judicial, Parental and
Quasi- Parental Authorities.
9.
Private Defences, Act of Third
Parties,
10.
Plaintiff’s Default, Mistake
MODULE 2: NEGLIGENCE, CONTRIBUTORY NEGLIGENCE AND NUISANCE
11.
Negligence: Meaning, definition
and essential ingredients.
Relevance in the present world:  Singh, Dr. Avtar,
Professional, psychiatric and
economic
12.
Test of Negligence: Duty;
Foresight of harm
13.
Concurring negligence by third
party: Proximate Cause and  Singh, Dr. Avtar,
Intervening cause
14.
 Res Ipsa Loquitur
College of Legal Studies
Justice G.P. Singh, The Law of  Chalk & Talk
Torts, 27th Edn., Ratanlal &  Examples
Dhiraj Lal  Discussion
 Random questions
Justice G.P. Singh, The Law of  Chalk & Talk
Torts, 27th Edn., Ratanlal &  Examples
Dhiraj Lal  Discussion
 Random questions
Justice G.P. Singh, The Law of  Chalk & Talk
Torts, 27th Edn., Ratanlal &  Examples
 Discussion
Dhiraj Lal
 Random questions
 Iyer, Ramaswamy; The  PPT Presentation
Law Of Torts; 10th Ed.,  Chalk & Talk
Lexis Nexis, 2007  Examples
pgs.525-648  Discussion
 Pillai P.S.A., Law of Tort, Random questions
9th ed., EBC, 2008, pg-
160- 162
introduction to the law of
torts and consumer
protection, 2nd ed.
LexisNexis, 2009, pg-179-
210
 Pillai P.S.A., Law of  PPT Presentation
Tort, 9th ed., EBC, 2008,  Chalk & Talk
pg- 162-169, 178-196  Examples
 Singh, Dr. Avtar,  Discussion
introduction to the law  Random questions
of torts and consumer
protection, 2nd ed.
LexisNexis, 2009, pg-
180
 Pillai P.S.A., Law of Tort,  PPT Presentation
9th ed., EBC, 2008, pg-  Chalk & Talk
169-175  Examples
 Discussion
introduction to the law of  Random questions
torts and consumer
protection, 2nd ed.
LexisNexis, 2009, pg-180
 Pillai P.S.A., Law of Tort,  PPT Presentation

9th ed., EBC, 2008, pg- Chalk & Talk
203-214  Examples
July.-December. 2015
  Singh, Dr. Avtar,  Discussion
introduction to the law of  Random questions
 Injury Caused by torts and consumer
Plaintiff’s negligence protection, 2nd ed.
LexisNexis, 2009, pg-220


 Injury Caused by
Defendant’s negligence

15.  Pillai P.S.A., Law of Tort,  PPT Presentation

Contributory Negligence- Last 9th ed., EBC, 2008, pg-  Chalk & Talk
215-233  Examples
Opportunity Rule,  Discussion
 Singh, Dr. Avtar,
Representation in Contributory  Random questions
introduction to the law of
Negligence and Imputed torts and consumer
Negligence protection, 2nd ed.
LexisNexis, 2009, pg-211-
216
16.  Pillai P.S.A., Law of  PPT Presentation
Nuisance as a tort and History of
Tort, 9 ed., EBC, 2008,  Chalk & Talk
th
Nuisance, pg- 236  Examples
 to
 Singh, Dr. Avtar, introduction Discussion
the

law of torts and consumer questions
Random
Nuisance and interference with protection, 2nd ed. LexisNexis,
2009, pg- 225-230
real rights,

17. Essentials of nuisance  Pillai P.S.A., Law of  PPT Presentation

Tort, 9th ed., EBC, 2008,  Chalk & Talk
Who can sue pg- 237-254  Examples
 Singh, Dr. Avtar,  Discussion
Who can be sued introduction to the law  Random questions
of torts and consumer
Difference between public and protection, 2nd ed.
private nuisance LexisNexis, 2009, pg-
225,-230
18.  Pillai P.S.A., Law of  PPT Presentation
Nuisance in conduct of Business Tort, 9th ed., EBC, 2008,  Chalk & Talk
pg- 237-254  Examples
 Singh, Dr. Avtar,  Discussion
introduction to the law  Random questions
Defences and Remedy for of torts and consumer
Nuisance protection, 2nd ed.
LexisNexis, 2009, pg-
225,-230

College of Legal Studies July.-December. 2015

MODULE 3: TORTS AGAINST HUMAN BEING AND PROPERTY
19. Assault and Battery – Iyer, Ramaswamy; The Law Of  PPT Presentation
Definition, Essential Torts, 10th Ed., Lexis Nexis,  Chalk & Talk
Characteristics and Defences 2007 pgs. 47-11  Examples
 Discussion
 Random questions
20. Conspiracy and False Iyer, Ramaswamy; The Law Of  PPT Presentation
Imprisonment - Definition Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
Essential characteristics and 2007 pgs. 47-68  Examples
 Discussion
Defence  Random questions
21. Emotional distress and Nervous Iyer, Ramaswamy; The Law Of  PPT Presentation
Shock - Definition, Essential Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
elements and Defences 2007 pgs. 70-76  Examples
 Discussion
 Random questions

22. Defamation – Definition, Iyer, Ramaswamy; The Law Of  PPT Presentation

Essential Characteristics and Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
types 2007 pgs.361-452  Examples
 Discussion
 Random questions
23. Defamation – Defences Iyer, Ramaswamy; The Law Of  PPT Presentation
Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
2007 pgs.361-452  Examples
 Discussion
 Random questions
24. Malicious Prosecution - Iyer, Ramaswamy; The Law Of  PPT Presentation
Definition, Essential Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
characteristics and Defences 2007 pgs.453-472  Examples
 Discussion
 Random questions

25. Trespass to land – Immovable Iyer, Ramaswamy; The Law Of  PPT Presentation
Property – Definition, Essential Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
characteristics and Defence 2007 pgs. 189-228  Examples
 Discussion
 Random questions

26. Trespass to land conversion – Iyer, Ramaswamy; The Law Of  PPT Presentation
Movable Property – Definition, Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
Essential characteristics and 2007 pgs. 229-26  Examples
 Discussion
Defence  Random questions

College of Legal Studies July.-December. 2015

27. Trespass to goods and passing
off – Definition, Essential
characteristics and Defences
28. Injury to Trademark, Patent and
copyright – Essential
characteristics and Defences
MODULE 4: LIABILITY FOR THE WRONG COMMITTED BY OTHER PERSON
29.
Principle of Vicarious Liability
and its basis,
30.
Principle and Agent, Master and
Servants, liability of vehicle
owner
31.
State’s Liability: Doctrine of protection, 2nd ed. LexisNexis,
Sovereign Immunity
32.
Joint Tort Feasors, joint and
several liabilities in payment of
damages.
MODULE 5: - LIABILITIES NOT BASED ON FAULT:
College of Legal Studies
Iyer, Ramaswamy; The Law Of  PPT
Torts; 10th Ed., Lexis Nexis, Presentation
 Chalk & Talk
2007 pgs. 229-269
 Examples
 Discussion
 Random
questions
Iyer, Ramaswamy; The Law Of  PPT Presentation
Torts; 10th Ed., Lexis Nexis,  Chalk & Talk
2007, Pg. 46  Examples
 Discussion
 Random questions
Pillai P.S.A., Law of Tort, 9th  PPT Presentation
ed., EBC, 2008, pg- 472-476,  Chalk & Talk
Singh, Dr. Avtar, introduction to  Examples
 Discussion
the law of torts and consumer

protection, 2nd ed. LexisNexis, Random questions
2009, pg-65
Pillai P.S.A., Law of Tort, 9th  PPT Presentation
ed., EBC, 2008, pg- 484-518  Chalk & Talk
Singh, Dr. Avtar, introduction  Examples
 Discussion
to the law of torts and consumer

protection, 2nd ed. LexisNexis, Random questions
2009, pg-66-80
Pillai P.S.A., Law of Tort, 9th  PPT Presentation
ed., EBC, 2008, pg- 12-24  Chalk & Talk
Singh, Dr. Avtar, introduction to  Examples
the law of torts and consumer  Discussion
 Random questions
2009, pg-75
Ratan Lal and Dhiraj Lal on
Law of Torts,27th ed. Lexi
Nexis, 2012pg -173
Pillai P.S.A., Law of Tort, 9th  PPT Presentation
ed., EBC, 2008, pg- 518-525  Chalk & Talk
Singh, Dr. Avtar, introduction  Examples
 Discussion
to the law of torts and consumer

protection, 2nd ed. LexisNexis, Random questions
2009, pg-97
July.-December. 2015
33. Pillai P.S.A., Law of Tort, 9th  PPT Presentation
ed., EBC, 2008, pg- 265-281  Chalk & Talk
Iyer, ramaswamy; the law of  Examples
Principle of Strict Liability and torts; 10thed., Lexi Nexis,  Discussion
applicability of it in India 2007pg 739-758  Random questions
Case study:
Rylands vs Fletcher, (1868) LR
HL 330

34. Pillai P.S.A., Law of Tort, 9th  PPT Presentation

Exceptions of strict liability
ed., EBC, 2008, pg- 265-281  Chalk & Talk
Iyer, ramaswamy; the law of  Examples
torts; 10thed., Lexi Nexis,  Discussion
2007pg 739-758  Random questions
Ratan Lal and Dhiraj Lal on
Law of Torts,27th ed. Lexi
Nexis, 2012, pg31-32

Case Study:
Bolton vs Stone, 1951 AC 850
Noble vs Harrison (1926) 2 KB
332
35. Iyer, ramaswamy; the law of  PPT Presentation
torts; 10thed., Lexi Nexis,  Chalk & Talk
2007pg 737-808  Examples
Ratan Lal and Dhiraj Lal on  Discussion
Law of Torts,27th ed. Lexi  Random questions
Nexis, 2012, pg31- 32
The Principle of Absolute
Liability Case study:
M.C.Mehta vs UOI AIR 1987
SC 1086
Indian council for enviro-legal
action vs UOI, AIR 1996 SC
1446

MODULE 6: - REMEDIES

36.  PPT Presentation

Justice G.P. Singh, The Law of  Chalk & Talk
Remedies – extra judicial remedies Torts, 27th Edn., Ratanlal &  Examples
Dhiraj Lal  Discussion
 Random questions
37. Justice G.P. Singh, The Law of  Chalk & Talk
Causation Torts, 27th Edn., Ratanlal &  Examples
Dhiraj Lal  Discussion

College of Legal Studies July.-December. 2015

  Random
questions
38.  Chalk & Talk
Justice G.P. Singh, The Law of  Examples
Measure of damages Torts, 27th Edn., Ratanlal &  Discussion
Dhiraj Lal  Random
questions
39.  Chalk & Talk
Justice G.P. Singh, The Law of  Examples
Judicial remedies damages, Torts, 27th Edn., Ratanlal &  Discussion
Dhiraj Lal  Random
questions
40.  Chalk & Talk
Justice G.P. Singh, The Law of  Examples
Injunction Torts, 27th Edn., Ratanlal &  Discussion
Dhiraj Lal  Random
questions
41. Restitution  Chalk & Talk
Justice G.P. Singh, The Law of
 Examples
Torts, 27th Edn., Ratanlal &
 Discussion
Dhiraj Lal
 Random
questions
42. Abatement of nuisance and writs Justice G.P. Singh, The Law of  PPT Presentation
Torts, 27th Edn., Ratanlal &  Chalk & Talk
Dhiraj Lal  Examples
 Discussion
 Random questions
 Case discussion
43. Joint and several tort-feasors Justice G.P. Singh, The Law of 
and contribution between wrong Torts, 27th Edn., Ratanlal &
doers Dhiraj Lal

44. Remedies under the Justice G.P. Singh, The Law of  Case discussion
Constitution Torts, 27th Edn., Ratanlal &
Dhiraj Lal

MODULE 7: - STATUTORY TORTS – CONSUMER PROTECTION ACT:

45. Pillai P.S.A., Law of Tort, 9th  PPT Presentation

ed., EBC, 2008, pg- 565-666  Chalk & Talk
The Consumer Protection Act
Singh, Dr. Avtar, introduction  Examples
and its applications  Discussion
to the law of torts and
Definitions: consumer, good, 
consumer protection, 2nd ed. Random questions
services,
LexisNexis, 2009, pg-244-256
Defects and deficiencies
Singh avtar, law of consumer
protection (principle and

College of Legal Studies July.-December. 2015

 practice); 4th ed. EBC; 2004
pg 7-85

46. Pillai P.S.A., Law of Tort, 9th  PPT Presentation

ed., EBC, 2008, pg- 668-676  Chalk & Talk
Singh, Dr. Avtar, introduction  Examples
to the law of torts and  Discussion
. consumer protection, 2nd ed.  Random questions
Restrictive trade practice and LexisNexis, 2009, pg-295-301,
unfair trade practice 344-342
Singh avtar, law of consumer
protection (principle and
practice); 4th ed. EBC; 2004
pg 154-192
47.  PPT Presentation
Singh avtar, law of consumer  Chalk & Talk
Consumer dispute redressal protection (principle and  Examples
agencies practice); 4th ed. EBC; 2004  Discussion
pg 108-806  Random questions
 Case discussion
48. Module 8: Cyber Tort Iyer, ramaswamy; the law of  Chalk & Talk
torts; 10thed., Lexi Nexis, 2007,  Examples
pg-32, 43-46  Discussion

8. CONTINUOUS EVALUATION SCHEDULE

Internal Assessment Date Remarks

Quiz 1 13 February
Quiz 2 3 October
Project Abstract – 28 February Students are expected to
Synopsis – 31 March consult the faculty in advance
17 April (Final submission) about their chosen areas
Subject grand Viva 18 April

9. READINGS:

A. Text Books
1. G.P. Singh, Ratanlal & Dhirajlal The Law of Torts (25th ed., 2006)
2. Avtar Singh (Rev.), P.S. Atchuthen Pillai Law of Torts (9th ed., 2004)

B. Reference Books:
1. Winfield And Jolowicz, Torts, 18th South Asian Edition, Sweet & Maxwell 2010

College of Legal Studies July.-December. 2015

 2. Iyer, Ramaswamy; The Law Of Torts; 10th Ed., Lexis Nexis, 2007
3. Tabrez Ahmad “Cyber Law, E-Commerce & M-Commerce”. APH Pub. Corp. New
Delhi 2003.
4. Taxmann’s, Consumer Protection Law Manual With Practical Manual, 2008 Taxmann
Publication.

C. WEB SOURCES:
a. www.ssrn.com
b. www.jstor.com
c. www.manupatra.com
d. www.scconline.com
e. www.heinonline.org

D. CASES
1. White v. John Warrick & Co., Ltd., (1953) 2 All ER 1021 1.
2. Town Area Committee v. Prabhu Dayal, AIR 1975 All. 132 5.
3. P. Seetharamayya v. G. Mahalakshmamma, AIR 1958 AP 103 7.
4. Jayalakshmi Salt Works Pvt. 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 v. Asharfi Lal, AIR 1921 All. 202
8. Mayor of Bradford Corpn. v. Pickles (1895) AC 587
9. Glouscester Grammer School case (1410) Y.B. 11 hen. IV of 47
10. Smith v. Charles Baker and Sons (1891) AC 325 (HL)
11. South Indian Industrial Ltd., Madras v. Alamelu Ammal, AIR 1923 Mad. 565
12. Haynes v. Harwood (1935) 1 K B 146
13. Ramchandraram Nagaram Rice & Oil Mills Ltd. v. Municipal Commissioners of
Purulia Municipality, AIR 1943 Pat. 408
14. Manindra Nath Mukherjee v. Mathuradas Chatturbhuj, AIR 1946 Cal. 175
15. Hall v. Brooklands Auto Racing Club (1932) 1 KB 205
16. T.C. Balakrishnan v. T.R. Subramanian, AIR 1968 Ker. 151
17. Donoghue v. Stevenson (1932) All ER Rep. 1
18. Municipal Corporation of Delhi v. Subhagwanti, AIR 1966 SC 1750
19. Pinnamaneni Narasimha Rao v. Gundavarapu Jayaprakasu, AIR 1990 AP 207
20. Indian Medical Association v. V. P. Shantha, AIR 1996 SC 550
21. Jacob Mathew v. State of Punjab (2005) 6 SCC 1
22. Hambrook v. Stokes Bros. (1924) All ER Rep. 110
23. (Hay or) Bourhill v. Young (1942) 2 All ER 396 (HL)
24. McLoughlin v. O’Brian (1982) 2 All ER 907 (HL)

College of Legal Studies July.-December. 2015

 25. Alcock v. Chief Constable of the South Yorkshire Police (1991) 4 All ER 907
(HL)
26. Page v. Smith (1995) 2 All ER 736
27. Dulieu v. White (1901) 2 KB 669
28. King v. Phillips (1953) 1 QB 429
29. In Re An Arbitration between Polemis and Furness, Withy & Co.(1921) All ER
Rep. 40
30. Overseas Tankship [UK] Ltd. v. Morts Dock & Engineering Co. [The Wagon
Mound] (1961) 1 All ER 404
31. Hughes v. Lord Advocate (1963) AC 837
32. Smith v. Leech Brain & Co. (1961) 3 All ER 1159
33. Rylands v. Fletcher (1868) LR 3 HL 330
34. M. C. Mehta v. Union of India, AIR 1987 SC 1086
35. M. P. Electricity Board v. Shail Kumar, AIR 2002 SC 551.
36. The Madras Railway Co. v. The Zemindar of Carvatenagarum, LR (1874) 1 IA
364
37. State of Rajasthan v. Vidyawathi (1962) Supp. 2 SCR 989
38. Kasturilal Ralia Ram Jain v. State of U. P. (1965) 1 SCR 375
39. N. Nagendra Rao & Co. v. State of A. P., AIR 1994 SC 2663
40. Chairman, Railway Board v. Chandrima Das (2002) 2 SCC 465
41. Tushar Kanti Ghosh v. Bina Bhaumic (1953) 57 CWN 378
42. Rustom K. Karanjia v. K. M. D. Thakersey, AIR 1970 Bom. 424.
43. Melepurath Sankunni Ezhuthassan v. Thekittil Geopalankutty Nair (1986) 1 SCC
118

E. Articles and E Books:

1. Winfield, P.H., 1931. Nuisance as a Tort. The Cambridge Law Journal, 4(02),
pp.189-206.
2. Priest, G.L., 1987. The current insurance crisis and modern tort law. The Yale Law
Journal, 96(7), pp.1521-1590.
3. Kalven, H., 1966. Privacy in Tort Law: Were Warren and Brandeis Wrong?. Law
and Contemporary Problems, 31(2), pp.326-341.
4. Priest, G.L., 1985. The invention of enterprise liability: a critical history of the
intellectual foundations of modern tort law. The Journal of Legal Studies, 14(3),
pp.461-527.
5. White, G.E., 2003. Tort law in America: an intellectual history. Oxford University
Press, USA.
6. Wright, R.W., 1985. Causation in tort law. California Law Review, 73(6), pp.1735-
1828.
7. Canon, B.C. and Baum, L., 1981. Patterns of adoption of tort law innovations: An
application of diffusion theory to judicial doctrines. The American Political
Science Review, pp.975-987.

College of Legal Studies July.-December. 2015

 8. Bohlen, F.H., 1908. The Moral Duty to Aid Others as a Basis of Tort Liability. I.
University of Pennsylvania Law Review and American Law Register, 56(4),
pp.217-244.
9. Magruder, C., 1936. Mental and emotional disturbance in the law of torts. Harvard
Law Review, 49(7), pp.1033-1067.
10. Hunter, D. and Salzman, J., 2007. Negligence in the air: The duty of care in
climate change litigation. University of Pennsylvania Law Review, 155(6),
pp.1741-1794.
11. Seavey, W.A., 1939. Mr. Justice Cardozo and the Law of Torts. The Yale Law
Journal, 48(3), pp.390-425.
12. Abraham, K.S., 1987. Individual action and collective responsibility: The dilemma
of mass tort reform. Virginia Law Review, pp.845-907.
13. Rubin, P.H. and Shepherd, J.M., 2007. Tort reform and accidental deaths. Journal
of Law and Economics, 50(2), pp.221-238.
14. Viscusi, W.K., Zeckhauser, R.J., Born, P. and Blackmon, G., 1993. The effect of
1980s tort reform legislation on general liability and medical malpractice
insurance. Journal of Risk and Uncertainty, 6(2), pp.165-186.
15. Thorpe, K.E., 2004. The medical malpractice'crisis': recent trends and the impact
of state tort reforms. Health Affairs, p.W4.
16. Geistfeld, M., 1995. Placing a price on pain and suffering: A method for helping
juries determine tort damages for nonmonetary injuries. California Law Review,
pp.773-852.
17. Bishop, W. and Sutton, J., 1986. Efficiency and justice in tort damages: The
shortcomings of the pecuniary loss rule. The Journal of Legal Studies, 15(2),
pp.347-370.
18. Hylton, K.N. and Miceli, T.J., 2005. Should Tort Damages Be Multiplied?.
Journal of Law, Economics, and Organization, 21(2), pp.388-416.
19. Makdisi, J., 1988. Proportional Liability: A Comprehensive Rule to Apportion
Tort Damages Based on Probability. NCL Rev., 67, p.1063.
20. Kornblum, G.O., 1988. The Current State of Bad Faith and Punitive Damage
Litigation in the US. Tort & Insurance Law Journal, pp.812-848.

10. INSTRUCTIONS

a) Students are expected to read the concerned session’s contents in advance before coming to the
class.
b) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current practices,
examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and answers/decisions
in their respective groups. Any group may be asked to present their views and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to
appear for the viva and strictly appear on given time, otherwise, he/she will lose the marks.
College of Legal Studies July.-December. 2015
 f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.
g) Plagiarism, in any form, will be least tolerated. Student, if found plagiarizing, will be subject to
disciplinary action. To avoid plagiarism, the instructor recommends the following:
a. Acknowledge by way of a citation whatever is borrowed.
b. Put in quotation any sentence in which there are more than 12 words in a sequence
c. To the maximum extent possible, paraphrase others’ ideas and then acknowledge them
through citations.
d. Make all borrowings, which are more than 50 words in a sequence, into a block quote.
However,
a. Copying lines (more than 12 words in a sequence) or passages from other sources, not
citing them, and writing the name of the source as reference in the end of the paper will
be deemed plagiarism
b. After copying lines in which there are more than 12 words in a sequence and providing
a citation at the end of a line or paragraph will also be deemed plagiarism

11. CONSULTATION TIMING

The students may meet the faculty on all working days for consultation and doubt clarification in the
faculty cabin between 3 to 4 p.m. Prior intimation is advised, though not necessary. If due to other
engagements, the faculty is unavailable, the students are requested to email for scheduling a meeting.

-----------------------------------------------------------------------------------------------------------------

College of Legal Studies July.-December. 2015

 Annexure-I
SECTION A OBJECTIVE TYPE (2 MARKS EACH)

Q.1 “Tortious liability arises from the breach of duty primarily fixed by law; this duty is towards
persons generally and its breach is redressible by an action for unliquidated damages”. Who
gave this definition of tort?

a) Winfield

b) Salmond

c) Both a and b

d) None of the above

Q.2 The general irrelevancy of evil motive was affirmed by the House of Lords in which case?

a) Bradford Corporation v. Pickles

b) Allen v. Flood

c) Both a and b

d) None of the above

Q.3. The word tort has been derived from the Latin term ‘tortum’ which means?

a) To twist

b) To turn

c) Crooked

d) None of the above

Q.4. Ashby v. White pertains to which maxim?

a) Injuria sine damno

b) Damnum sine injuria

c) Either of a and b
College of Legal Studies July.-December. 2015
d) None of the above

Q.5. Gloucester Grammar School case relates to which maxim?

a) Damnum sine injuria

b) Injuria sine damno

c) Only a

d) None of the above

Section B Conceptual Questions (20 marks)

(10 marks each)

Q. 6 Write a short note on Volenti non fit injuria. Also substantiate your answer with relevant
case laws.

Q.7 State and explain the complaint procedure under Consumer Protection Act.

Section C Analytical Questions (20 marks)

(10 marks each)

Q. 8 A purchased a bottle of ginger beer from a retailer for the appellant a lady friend. Some of
the contents were poured in a tumbler and she consumed the same. When the remaining contents
were poured decomposed body of a snail was found in the ginger beer. The appellant suffered
in health due to it. Based on the given facts please answer the following questions

a) Can she bring an action for damages?

b) What tort if any has been committed?

c) What are the probable defenses that can be pleaded by the defendant?

d) Will the plaintiff succeed?

Q.9. Mrs X was married to Mr. Y. However they did not lived together. Mr. Y would
occasionally come and stay with her. A newspaper published a photograph of Mr. Y with Miss
Z stating that the two were engaged and about to marry. Mrs X sued the newspaper.
College of Legal Studies July.-December. 2015
a) Can Mrs. X bring such an action against the newspaper under law of torts?

b) What tort if any has been committed against her?

c) Please mention the relevant cases on this point, if any.

Section D Application Based (50 marks)

Q.10 The defendant got a reservoir constructed through independent contractors over his land
for providing water to his mill. There were old disused shafts under the site of the reservoir
which the contractors failed to observe and did not block them. When the water was filled in
the reservoir it burst through the shafts and flooded the plaintiff’s coal mines on the adjoining
land. The defendant did not know of the shafts and had not been negligent although the
independent contractors had been.

Determine the liability of the defendant.

Also state and explain the rule. Mention relevant cases on the point.

Q.11.The defendant being irritated by considerable amount of music lessons by the plaintiff a
music teacher living in the adjoining house maliciously caused discomfort to the plaintiff by
hammering against the parting wall, beating of trays etc.

a) What tort if any has been committed?

b) Will the plaintiff succeed?

c) Cite the relevant cases in support of your answer.

Q.12 The plaintiff warehoused brown paper in a building. The heat created by the defendant in
lower portion of the same building dried and diminished the value of the plaintiff’s paper. It is
also observed that plaintiff carried on exceptionally delicate trade.

a)Is the defendant liable for any tort? Support your answer with relevant cases and
explanations.

Q.13. The plaintiffs sued the defendants and asked the court for grant of injunction to restrain
them from screening a movie wherein Goddesses were seen fighting. The plaintiffs alleged that
it hurt their religious sentiments.

College of Legal Studies July.-December. 2015

a)Will the plaintiffs succeed?

b) Has any tort been committed?

c) Substantiate your answer with relevant cases.

College of Legal Studies July.-December. 2015

 Annexure II
GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words

2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chpterisation

3. Submission of Final Project report after approval of synopsis.

a. Excluding the Cover page, index page and bibliography the main write up should be around
20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor name,
Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue Book
19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters, conclusion,
recommendation, foot notes and required bibliography.

4. The project work shall

a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned

5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the portion
of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration with
others.

6. A certificate to the effect that the project work carried out by the student independently or in
collaboration with other student(s) endorsed by the student shall form the part of the submission
for evaluation.

College of Legal Studies July.-December. 2015

 7. Every student who spends a specified period of time in an industry/organization/institute for
reasons of work related to his/her project work, with prior permission from the Coordinator
concerned will explicitly acknowledge working in the relevant industry/organization/institute.

8. All projects submitted by the students will go through the process of plagiarism check through
the anti-plagiarism software (Ternitin). The report produced by the software will necessarily be
as per the standards prescribed by the university. If the report is below standards the supervisor
will reject the project and award zero marks.

Suggested project topics:

1. Intention and tort liability

2. Origin and importance of law of torts in India
3. Damage as a constituent of Tort Law
4. Mental Elements – essentiality in Tort
5. Malfeasance, Misfeasance and Nonfeasance in Tort Law
6. Suits against Corporations Emphasis on case law development in UK and India
7. Act of God as a defence
8. defence of inevitable accident;
9. Analysis of the ‘eggshell skull’ theory
10. Novus actus interviens
11. Remoteness
12. Case law jurisprudence on the concept of Sovereign Immunity in India
13. Case study : State of Rajasthan v. Vidyawati, and other
14. Public Law Wrongs
15. Case study: Bhim Singh v. State of J&K,
16. Volenti Non Fit Injuria as a justification Concentration to be on both UK and Indian cases
17. Necessity as a defence under Tort law
18. Private v. Public necessity- judicial interpretation
19. maxim Salus populi suprema lex : analysis
20. Accord and Satisfaction resulting in discharge of tort claim
21. Status of ‘control test’ in relation to determining Master-servant relationship
22. An analysis of the constituents of false imprisonment
23. Newspaper Libel Case law in India –
Right to press vs right to privacy
24. ‘Innuendo’ – impact of decisions of UK courts on Indian courts
25. Truth as a defence to an action of defamation
26. Privilege as a defence to a defamation suit
27. Malicious Prosecution
28. The tort of Malicious Falsehood Case: law approach
29. Development of the tort of Conspiracy in india
30. Assault and Battery – concept and distinction
31. Damages for Nervous Shock Case law development in India
32. The tort of Intimidation as expressed in Rooks v.Barnard (1964) 1 All ER 367
33. Tort of Defamation : its multi-dimensional scope
34. Case analysis: R. Rajagopal v. State of Tamil Nadu, AIR 1995 SC
35. Case analysis - Hyderabad v. Canara Bank, AIR 2005 SC 186
36. Tort of continuing trespass: jurisprudential study
37. Tort of Dispossession

College of Legal Studies July.-December. 2015

 38. Tort of Conversion of goods
39. Caparo Industries v. Dickson, (1990) 1 All ER 568 – an appraisal
40. Contributory Negligence
41. Principle of Res Ipsa Loquitor with respect to the tort of negligence
42. Exceptions to the rule in Rylands v. Fletcher : position in India
43. Occupier’s Liability and Duty laid on him
44. Constituents of the tort of Nuisance
45. Economic Torts – An introduction
46. Cyber Torts – An Introduction
47. Award of Damages – Approach of Indian Courts
48. Consumer’s rights : a comparative study
49. Medical negligence: a jurisprudential aspect
50. Tortious liability of professionals
51. Exemplary damages : a way to teach society
52. Liability of state for the act committed by it’s officer
53. Torts against Business
54. Doctrine of contributive Negligence: analysis
55. Professional liability due to Negligence with special reference to consumer protection law.
56. Liability under Motor Vehicle Act
57. Nuisance by obstructions of highways: case study
58. Judicial process in Tort
59. product liability: Indian position
60. Right to common property resources-right to pass and repass on pathways
61. Doctrine of sovereign immunity and its relevance in India
62. Death by negligence : position in India
63. Product Liability
64. Polluter Pays
65. Medical Negligence
66. Hospital Waste Management
67. MV Accident Compensation calculation
68. Industrial Negligence
69. Public nuisance
70. Medical termination of Pregnancy
71. Constitutional Tort
72. Class Action and its applicability under law of torts
73. Deficiency of professional Service
74. Common Employment
75. Public Utilities
76. Remoteness
77. Sound Pollution
78. Industrial effluence
79. Privacy of the public men
80. Process liability
81. Third Party Liability
82. Domestic violence
83. Applicability of big pocket theory
84. Neighbours’ liability
85. Ganga Pollution
86. Present Position of people suffering in Bhopal Tragedy
87. Coastal Pollution
88. Vicarious Liability in Contract for Service and Contract of service

College of Legal Studies July.-December. 2015

 89. Air accident Compensation
90. Popularity of Tort cases in India
91. Time study for MVA cases
92. Mental element in Defamation
93. consumer protection law - a critical analysis
94. capacity under law of torts
95. defence of consent - its limitations
96. Analysis of the common cause - a registered society case
97. Deficiency of professional Service
98. Common Employment
99. Public Utilities
100. Remoteness
101. Sound Pollution
102. Industrial effluence
103. Privacy of the public men
104. Process liability
105. Third Party Liability
106. Tortious liability of professionals
107. Exemplary damages : a way to teach society
108. Liability of state for the act committed by it’s officer
109. Torts against Business
110. Doctrine of contributive Negligence: analysis
111. Professional liability due to Negligence with special reference to consumer protection
law.
112. Principle of Res Ipsa Loquitor with respect to the tort of negligence
113. Exceptions to the rule in Rylands v. Fletcher : position in India
114. Occupier’s Liability and Duty laid on him
115. Constituents of the tort of Nuisance
116. Economic Torts – An introduction
117. Cyber Tort
118. Cyber squatting
119. Cyber porn
120. Cyber stalking
121. Cyber defamation
122. Passing off

College of Legal Studies July.-December. 2015