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Annexure CD 01

COURSE CURRICULUM

Course Title:

Law of Torts (Motor Vehicles Act and Consumer Protection Act,

Course Code:
Credit Units:

LAW 319

L T

P/
S

SW/
FW

TOTAL
CREDIT
UNITS
4

1986)

04

Course Objectives:
This course aims to introduce the student to the specialized discipline of tort law that is one of the most
litigated areas of law in west. In India this realm is on the verge of a lot of litigational activity. The
course covers Consumer Protection Act as well as Motor Vehicle Act which are carved out from the
general principles of tort.
Law of torts being continuing branch of law, the thrust of this course is to make the student understand
that different circumstances call for different remedies.

Pre-requisites:
The students should have thoroughly studied Legal Methods paper in the First Semester and thereby
having the basic knowledge of rights and duties, difference between civil law and criminal law;
students must have basic understanding about common law system.
They should be good at logical reasoning.
They must be acquainted with case law based study method.

Student Learning Outcomes:


As a result of taking this course, the student will be able to:
Compare & contrast tort and other branches of law.
Examine the evolution of Law of Torts from case to case.
Analyze court decisions that set forth and changed the law of torts.
Evaluate the relevancy of mental elements in torts.
Distinguish between negligent, intentional, and strict liability torts.
Differentiate fault based torts from vicarious liability and statutory liability torts.
Employ the redressal mechanism available under the Consumer Protection Act and the Motor
Vehicles Act.
Appraise the importance of insurance against third party risk and no fault liability under the Motor
Vehicles Act.

Course Contents/Syllabus:
Weightage (%)
Module I: Introduction to Tort
Nature and Definition of Torts; Tort distinguished from Contract, Quasi-Contract, Crime: Conditions of liability
including damnum sine injuria, injuria sine damnum; Remoteness of damages; Maxims: Ubijus ibi remedium, Res ipsa
loquitor, etc.; Justification in Tort - Volenti non-fit Injuria, Necessity, Plaintiffs default, Act of God, Inevitable
accidents, Private defences, Judicial and Quasi Judicial Acts, Parental and quasi-parental authority.

25%

Module II: Specific Torts


TORTS AGAINST PERSON: Assault, Battery, False Imprisonment, Malicious Prosecution; Defamation-Libel, Slander
including defenses in an action for defamation.

15%

TORTS AGAINST PROPERTY: Nuisance, Trespass to Land and Goods.

Module III: Negligence


Negligence including contributory negligence and other defenses; theories of negligence; negligence by
professionals.

Module IV: Liability

15%

Strict liability, Rules in Ryland v. Fletcher; Principles for the application of the rule and defenses;

Absolute Liability, Enterprises engaged in hazardous activities M.C. Mehta v. Union of India;

Vicarious Liability;

Liability of State; Doctrine of Sovereign Immunity.

20%

Module V: Consumer Protection Act


The concept of a Consumer and Consumer Dispute, Definition of consumer, goods, services, unfair trade
practice, restrictive trade practice under the consumer Protection Act, 1986: The Aims and Objectives of the
Consumer Protection Act, 1986. Shift from Caveat Emptor to Caveat Venditor, Consumer Protection Councils under
the Consumer Protection Act 1986. Redressal mechanism under the Consumer Protection Act, 1986; The District
Forum, The State Commission; The National Commission. Why a consumer may institute proceedings?

15%

Module VI: Motor Vehicles Act

Liability without fault in certain cases: voidance of contracts restrictive of liability;

Fault Liability;

Special provisions and scheme of compensation in case of hit and run motor accidents;

Insurance of Motor Vehicles against third party risks (Sec. 145 152);

Claims tribunals: Sec. 165-176.

10%

Pedagogy for Course Delivery:


The course will be delivered using theory and case based method. After explaining the concepts, shift
would be towards taking up more and more case laws as this entire branch of law has been developed
through case laws. Giving students hypothetical situations and making them think and apply their
understanding of the concept.
Assessment/ Examination Scheme:

Theory L/T (%)

Lab/Practical/Studio (%)

100

NOT APPLICABLE

Total
100

Theory Assessment (L&T):


Continuous Assessment/Internal Assessment
Components
(Drop down)

End Term
Examination

Project and
viva

Class Test

Case
Discussion

Attendance

10%

10%

5%

5%

Weightage (%)

Lab/ Practical/ Studio Assessment:

70%

NA

Continuous Assessment/Internal Assessment

End Term
Examination

Components
(Drop down
Weightage (%)

Text and References:


The Consumer Protection Act, 1986
The Motor Vehicles Act, 1988
R.K. Bangia, Law of Torts (including Compensation under Motor Vehicles Act & Consumer Protection
Laws), Allahabad Law Agency

Dr. S.P. Singh, Law of Torts, Universal law Publishing Company


The Law of Torts: Ratanlal & Dhirajlal
Dr. D.N. Saraf, Law of Consumer Protection in India
Winfield, Law of Torts
Salmond, Law of Torts

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