NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE

I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12

TORTS I – PROJECT TOPICS

Sl. No. ID No Project Topic Comments

Basically to explain the issue of mental element and
1. 1862 1863 ‘Intention’ and tort liability then compare how relavent it is in civil and criminal
liability (including tortious liability)
Debate between authorities to be brought out to justify
2. 1864 1865 ‘Law of Tort’ or ‘Law of Torts’?
the stand the researchers would take

Need to explain ‘legal right’ and violation thereof –

Analysis of the term ‘wrongful act’ as a constituent
3. 1866 1867 authorities like Austin and Salmond on Jurisprudence
of a tort claim
may be referred
Concept of damage as an ingredient of a tort claim;
concepts of injuria sine damno and damnum sine
injuria – researchers are expected to explain the
relevant concepts along with case law illustration
4. 1868 1869 Damage as a constituent of Tort Law
This topic may be divided into two separate topics for
two different papers, viz., injuria sine damno and
damnum sine injuria, should the scope be felt to be too
broad
Concepts of malice, intention, negligence and
recklessness – explained and distinguished with help of
5. 1870 1871 Mental Elements – essentiality in Tort
illustration – can be found in Ratanlal and Dhirajlal,
and Harry Street on Torts
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12

TORTS I – PROJECT TOPICS

Malfeasance, Misfeasance and Nonfeasance in Tort Case law development in India can be looked at, if
6. 1872 1873 possible, to illustrate distinctions further
Law
7. 1874 1875 Suits against Corporations Emphasis on case law development in UK and India
Difference with inevitable accident; difference between
8. 1876 1877 Act of God as a defence Force Majeure and Vis Major; look at Continental law
approach, if possible
9. 1878 1879 Analysis of the ‘eggshell skull’ theory

Intervening acts or events as a plea contending

10. 1880 1881 Novus actus interviens
remoteness
Discussion on Peninsular & Oriental Ship, Kasturilal
Case law jurisprudence on the concept of
11. 1882 1883 Ralia Ram, State of Rajasthan v. Vidyawati, and other
Sovereign Immunity in India landmark cases; tracing whether there has been any
recent development
An analysis of landmark SC decisions (Nilabati
Behara, DK Basu, Rudul Shah, Bhim Singh v. State of
12. 1884 1885 Public Law Wrongs J&K, Chandrima Das (This last case said cases under
A. 226 awarding compensation are in the realm of tort,
hence) etc.
Concentration to be on both UK and Indian cases
13. 1886 1887 Volenti Non Fit Injuria as a justification

Private v. Public necessity- case law in India;

14. 1888 1889 Necessity as a defence under Tort law discussion of maxim Salus populi suprema lex while
discussing public necessity
Accord and Satisfaction resulting in discharge of
15. 1890 1891
tort claim
Whittling down of ‘control test’ in relation to Explaining the concept; concentration on later
16. 1892 1893
determining Master-servant relationship developments too
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12

TORTS I – PROJECT TOPICS

• Total restraint must be necessary
• Detention must be unlawful
An analysis of the constituents of false
17. 1894 1895 Cases like Bird v. Jones, Merring v. Graham White
imprisonment
Aviation, Herring v. Boyle, and others – also to look at
case law development in India, if any
18. 1896 1897 Newspaper Libel Case law in India – are there landmark SC decisions?
Case law development in UK - Have UK decisions
19. 1898 1899 ‘Innuendo’ – meaning and scope of
impacted Indian courts?
20. 1900 1901 Truth as a defence to an action of defamation
21. 1902 1903 Privilege as a defence to a defamation suit Student needs to narrow down the scope
Emphasis on how the student can achieve brevity in
22. 1904 1905 Malicious Prosecution
describing the scope
23. 1906 1907 The tort of Malicious Falsehood Case law approach
Discussion of Quinn v. Leatham, Mogul Steamship
24. 1908 1909 The tort of Conspiracy Co., Rohtas Industries etc., and looking at further
development
Emphasis of development of case law jurisprudence in
25. 1910 1911 Assault and Battery – concept and distinction India
Refer R&D and P.S.A. Pillai
26. 1912 1913 Damages for Nervous Shock Case law development in India
The tort of Intimidation as expressed in Rooks v.
27. 1914 1915
Barnard (1964) 1 All ER 367
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12

TORTS I – PROJECT TOPICS

28. 1916 1917 Tort of Detention
R. Rajagopal v. State of Tamil Nadu, AIR 1995 SC Further development of the tort in Collector,
29. 1918 1919
264 – right to privacy explained Hyderabad v. Canara Bank, AIR 2005 SC 186
30. 1920 1921 Tort of continuing trespass To look at case law jurisprudence in India
Every case of trespass does not amount to
31. 1922 1923 Tort of Dispossession dispossession; Indian cases to be found where trespass
has been held not amounting to dispossession
Difference between conversion and trespass; elements
32. 1924 1925 Tort of Conversion of goods of the tort; case law development etc. – topic may be
narrowed down
Test of Foreseeability and Proximity with respect As laid down in Donoghue v. Stevension and other
33. 1926 1927
to the tort of negligence cases; subsequent development
Dealt with ‘just and reasonable’ as a development from
Caparo Industries v. Dickson, (1990) 1 All ER 568 test of foreseeability; what has been case law
34. 1928 1929
– an appraisal development in India is a common question for both
topics 33 and 34
35. 1930 1931 Contributory Negligence
Principle of Res Ipsa Loquitor with respect to the Emphasis on what is the burden on the plaintiff, how
36. 1932 1933
tort of negligence much should he establish to contend prima facie case?
Broad topic – R&D on Torts lists 5 exceptions –
37. 1934 1935 Exceptions to the rule in Rylands v. Fletcher
special emphasis on case law in India
38. 1936 1937 Occupier’s Liability and Duty laid on him Discussion of relevant case law
 NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12

TORTS I – PROJECT TOPICS

Concept of Absolute Liability as laid down in M.C. Brief background to the case, Bhopal Gas Tragedy,
39. 1938 1939
Mehta v. Union of India – AIR 1987 SC 1086 Oleum Gas leak, subsequent development
What are the elements involved which need to be
40. 1940 1941 Constituents of the tort of Nuisance
proved?
41. 1942 1943 Economic Torts – An introduction
42. 1944 1945 Cyber Torts – An Introduction
43. 1946 1947 Award of Damages – Approach of Indian Courts

Additional Topic

1. Tort Law and Statutes – Understanding the interface

________________________________
(NANDIMATH OMPRAKASH V)
Course Teacher