COURSE MANUAL

Law of Torts and Consumer Protection

B.A./LL.B. Year 1

Course Instructors

Surabhi Shukla

Amitjyoti Sandhu

Charu Sharma

Weatherly A. Schwab

SEMESTER I

2014- 2015

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PART I

Information on Law of Torts and Consumer Protection offered by Jindal Global Law School

Semester I in 2014- 2015

The information provided herein is by the Course Coordinator. The following information
contains the official record of the details of the course.

Course Title: Law of Torts and Consumer Protection

Course Number:

Course Duration: One Semester

No. of Credit Units: 4

Level: Year One (B.A./LL.B )

Hours of Teaching:_________________ 5____________________________

Medium of Instruction: English

Pre-requisites: None

Pre-cursors: N/A

Equivalent Courses: None

The above information shall form part of the University database and may be uploaded to
the KOHA Library system and catalogued and may be distributed amongst other students.

PART II

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Course Aims

This course will instruct students in the basics of tort law. We will begin with a theoretical
background of torts and fundamental principles of liability. We will then cover the major
intentional torts (battery and assault), negligence, defamation, products liability, and trespass to
property. Students will also learn the affirmative defenses for all the above torts.

Course Intended Learning Outcomes

By the end of the semester, students should be able to identify and apply the elements of all the
major torts to hypothetical situations. They should also be able to think creatively from both the
plaintiff perspective (identifying the best avenues for relief) and from the defense perspective
(identifying which defenses are most likely to succeed).

Students should also develop an understanding of differences in tort law across common law
jurisdictions and how tort law is used to provide relief for victims of large-scale disasters.

LECTURE

Lectures will be interactive in nature, and will require your participation. Students are expected
to attend all lectures, be engaged in the discussion, and actively participate.

GRADING

Attendance (5 % of final grade)

Class Participation (20 % of final grade)

Midterm Exam (25 % of final grade)

Final Exam (50 % of final grade)

GRADING OF STUDENT ACHIEVEMENT

To pass this course, students must obtain a minimum of 50% in each of the coursework and
exam elements of the assessment.
Attendance in lectures is mandatory. Students who fail to be present in at least 50 % of the
lectures this semester will not be allowed to sit for the final exam.

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PLAIGARISM

Any idea, sentence or paragraph you take from another source must be credited to that source. If
you paraphrase or directly quote from a web source, presentation or essays, the source must be
explicitly mentioned. You SHOULD NOT feel free to plagiarize content, be it from scholarly
sources (i.e. books and journal articles) or from the Internet. The university has strict rules with
consequences for students involved in plagiarism. This is an issue of academic integrity on
which no compromise will be made.
As law students, you are entering a profession that is responsible for upholding the rule of law.
Please do not harm the integrity of the profession or your reputation by being dishonest in your
academic work.

WORD OF CAUTION ABOUT ONLINE READINGS

Online sources can be classified into reliable, unreliable and outright wrong. The Internet is an
open domain in which all and sundry can create web pages and indulge in propaganda,
falsification or misrepresentation of events. The few sources that can help you with basic
information and which are fairly unbiased are: websites of established newspapers, magazines,
and journals.

Student should always consult with their instructors about the veracity and authenticity of a
particular website and its suitability for researching topics covered in this syllabus.

PART III

KEYWORD SYLLABUS

Review of the nature and scope of tort law in comparative contexts; forms and standards of
liability including strict, absolute, vicarious, employer’s and product liability; torts in common
law and in statute; capacity and tort law; joint and several tortfeasors; intentional torts including
battery, assault and false imprisonment; defences and justifications to tort claims; damages and
other remedies in tort law; relationship between tort law and other branches of the law; specific
areas of tort law, including: fraud, defamation, libel, and nuisance.

Detailed Syllabus:

 Review of the nature and scope and objectives of tort law including general principles and
general elements.

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 Review of the different forms and standards of liability of tort law.

 Strict liability, absolute liability and other forms of liability in tort law.

 Vicarious liability, including employer’s liability

 Product liability under statute and common law.

 The relationship between intentional torts and negligence; Intentional torts; trespass to the
person; assault, battery and false imprisonment; intentional infliction of physical harm to
the person, etc.

 Intentional torts; trespass to land;

 Negligence and allied topics

 Defamation; libel and slander, Defamation statute if any, defences for defamation.

 Defences and justifications in tort law.

 Remedies in tort law.

READINGS

The reading in this class will consist primarily of cases and some background material on basic
tort principles. Because tort law is largely common-law based (and not statutory), cases will be
drawn from various common law jurisdictions, including India, the United States, and the United
Kingdom. Readings will be emailed to students a few days before each class.

Primary Texts

Ratanlal & Dhirajlal: The Law of Torts, 25th Ed., (Lexis Nexis: Butterworth, 2009).

Richard Epstein, Cases and Materials on Torts, 5th ed., (Aspen: 2005).

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Supplementary Reading (preferably latest editions)

Kenneth S. Abraham, The Forms and Functions of Tort Law, 3rd ed. (Foundation Press: 2007).

John Murphy: Street on Torts, 11th Ed., (Oxford University Press, 2003)

Richard Kidner, Casebook on Torts, 7th Ed., Oxford (University Press 2002)

Vivienne Harpwood, Principles of Tort Law

Winfield and Jolowicz on Tort

Salmond on Torts

Peter Cane, Anatomy of Tort Law

Avtar Singh, Introduction to Torts

R.K. Bangia, Law of Torts with Consumer Protection

B.M. Gandhi, Law of Torts

P.S. Achuthen Pillai, Law of Torts, 9th Ed., (Eastern Book Company 2009)

Halsbury's Laws of India - Consumer Protection Act

Acts/Statutes/Ordinances

Consumer Protection Act 1986

Motor Vehicles Act (1938 and 1988)

The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

The Environment Protection Act, 1986

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PART IV

LECTURE PROGRAMME: The following lecture schedule is tentative and may be revised by
the instructor.

Teaching Week Lecture Title

FUNDAMENTALS OF TORT LAW

1 INTRODUCTION AND GENERAL PRINCIPLES

OF TORTS

2 INTENTIONAL TORTS: BATTERY/ASSAULT

3 INTENTIONAL TORTS: TRESPASS TO

PROPERTY

4 INTENTIONAL TORTS: AFFIRMATIVE

DEFENSES/MALICIOUS PROCEEDINGS

5 NEGLIGENCE: DUTY AND INJURY

6 NEGLIGENCE: BREACH AND CAUSATION

7 NEGLIGENCE: DEFENSES

8 TAKE HOME ASSIGNMENT

INDIAN TORT LAW

8 STRICT LIABILITY AND ABSOLUTELY

9 STRICT AND ABSOLUTE LIABILITY

10- 11 DEFAMATION AND FREE SPEECH

12- 13 PRODUCTS LIABILITY, CONSUMER

PROTECTION ACT AND MOTOR VEHCILES
ACT

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 CONSTITUTIONAL TORTS, ACT OF STATE,
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SOVEREIGN IMMUNITY, AND OTHER
MISCELLANEOUS TOPICS

15 REVIEW

FUNDAMENTALS OF TORT LAW

WEEK I

INTRODUCTION / GENERAL PRINCIPLES / LAW OF TORT IN INDIA

1. Introduction to Torts
a. Evolution of Torts; Elements of a Tort; Tort as a Private Law remedy
2. Purpose/ function and goals of the Law of Tort including an overview of tort theory;
Remedies in Tort
3. Foundations of Tortious Liability
4. Tort and Contracts; Tort and Crimes
5. Classification of Torts

Required Reading

Avtar Singh Chp. 1.

Supplemental Reading

Theories of Tort Law, Stanford Encyclopedia of Philosophy, available at

http://plato.stanford.edu/entries/tort-theories/

Stephen R. Perry, “The Moral Foundations of Tort Law”, 77 Iowa L. Rev. 449 (1991 –
1992).

Glanville Williams, “The Aims of the Law of Torts”, (1951) 4 Current Legal Problems 137.

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 WEEK II-IV

INTENTIONAL TORTS

RECOMMENDED READING: BACKGROUND READING: EPSTEIN’S CASES AND

MATERIALS ON TORT LAW (9TH EDITION, CHP. 1) AND KENNETH ABRAHAM
(CHP. 2) AND EPSTEIN’S “TORTS” (PLEASE CHOOSE THE ONE THAT SUITS YOU
BEST)

1. Trespass to Person:
a. Assault and Battery
b. Intentional Infliction of Emotional Distress
c. False Imprisonment

REQUIRED READING

Cases

1. Vosburg v. Putney, 50 N.W. 403 (Wis. 1891)-

2. Letang vs. Cooper, [1965] 1 QB 232-
Fowler vs. Lanning, [1959] 1 QB 426-
3. Cole v. Turner, 6 Mod. 149-
4. Wilson v. Downton, [1897] 2 Q.B.D. 57
5. Murray v. Ministry of Defence, [1988] 2 All ER 521

2. Trespass to Land and Chattels:

Cases

6. Vincent v. Lake Erie Transportation Co., 109 Minn. 456, 124 N.W. 221 (1910)
7. Dougherty v. Stepp, 18 N.C. 371 (1835)
8. Poggi v. Scott, 139 P. 815 (Cal. 1914)

3. Defences to Intentional Torts

a. Consent
b. Self-defence
c. Defence of Property
d. Necessity

Cases
9. Hudson v. Craft, 204 P.2d 1 (Cal 1949

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 10. McGuire v. Almy, 8 N.E. 2d 760 (Mass. 1937
11. Courvoisier v. Raymond, 47 P. 284 (Colo. 1896
12. Bird v. Holbrook, 130 Eng. Rep. 911 (C.P. 1825)
13. Kirby v. Foster, 17 R.I. 437, 22 A. 1111 (R.I. 1891)
14. Ploof v. Putnam, 81 Vt. 471, 71 A. 188 (1908)
15. Vincent v. Lake Erie, 124 N.W. 221 (Minn. 1910)

WEEKS V-VI

NEGLIGENCE

Cases

Duty of Care
RECOMMENDED READING- Duty of Care- Avtar Singh, R & D and Tony Weir.

REQUIRED READING
1. Donoghue v. Stevenson (1932) All ER Rep.
2. The Caparo Test

Breach of Duty
RECOMMENDED READING- Breach of Duty- Kenneth Abraham, Epstein’s Torts and
Epstein’s Cases and Materials on Torts.

REQUIRED READING
Reasonable Man:

1. Vaughan v. Menlove, 1832 Eng. Rep. 490 (C.P. 1837)-

2. Brown V. Kendall, 60 Mass. 292 (1850)
3. Roberts v. Ring, 173 N.W. 437 (Minn. 1919).
4. United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947)
5. Fletcher v. City of Aberdeen, 338 P.2d 743 (Wash. 1959)
Emergency situations and Duty of Rescue- Epstein’s Torts/ Epstein’s Cases and
Materials on Torts.
Unreasonable risks

Causation and Foreseeability:

RECOMMENDED READING- Causation- Kenneth Abraham (Chp. 5) and Proximate
Cause/Remoteness – Kenneth Abraham (Chp. 6)

REQUIRED READING

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 6. Scott v. Shephard, 96 Eng. Rep. 525 (K.B. 1773)
7. Stone v. Bolton, [1950] 1 K.B. 201 (C.A.)
8. Veeran v. Krishnamurthy, AIR 1966 Ker 172
9. Blyth v. Birmingham Water Works, 156 Eng. Rep. 1047 (Ex. 1856).

Proof of Negligence:

RECOMMENDED READING- Proof of Negligence: Kenneth Abraham

Duty in Ordinary Cases

RECOMMENDED READING- Res Ipsa Loquitor: Kenneth Abraham and
Halsbury’s Laws of India

REQUIRED READINGS

8. Byrne v. Boadle, Ct of Exchequer, ENG 1863

Duty of Care in Some Special Cases

RECOMMENDED READING- Liability of Occupier of Premises: Avtar Singh (189-
204).
Professional Negligence Avtar Singh (89-204).

REQUIRED READING
9. Bolam test
10. Laxman B. Joshi v. Trimbak B. Godbole, AIR 1969 SC 128-
11. Philips India Ltd. V. Kunju Punnu, (1974) 77 BLR 337: AIR 1975 Bom 306
12. A.S. Mittal v. State of U.P., 1989 3 SCC 223

Also cover psychiatric Harm

WEEK VII

DEFENSES TO NEGLIGENCE

1. DEFENSES
RECOMMENDED READING
a. Contributory negligence- Bangia.
b. Assumption of Risk/Volenti Non Fit Injuria – Bangia (28-40)
c. Exclusion of Liability
d. Illegality or ex turpi causa non oritur actio
e. Insanity

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 REQUIRED READING
Cases
1. Smith v. Charles Baker and Sons (1891) AC 325 (HL)
2. South Indian Industrial Ltd., Madras v. Alamelu Ammal, AIR 1923 Mad. 565
3. Haynes v. Harwood (1935) 1 KB 146
4. Ramchandangram Nagaram Rice & Oil Ltd. v. Municipal Commissioners of Purulia
Municipality, AIR 1943 Pat. 408
5. Manindra Nath Mukherjee v. Mathuradas Chatturbhuj, AIR 1946 Cal. 175
6. Hall v. Brokands Auto Racing Club (1932) 1 KB 205
7. T.C. Balkrishnan v. T.R. Subramanian, AIR 1968 Ker. 151.
8. Vidya Devi, R&D p 570
9. Morris v Murray[1990] 3 All ER 801
10. Breunig v. American Family Insurance, 173 N.W.2d 619 (Wis. 1970).

INDIAN TORT LAW

WEEK VIII AND IX

STRICT AND ABSOLUTE LIABILITY

STRICT LIABILITY- RLYANDS, RIKARDS AND KLEIN

ABSOLUTE LIABILITY- 20 YERS. AFTER THE DISASTER (FROM REHAN); MC

MEHTA AND UCC V. UOI

1. Strict and Absolute Liability

Cases- Strict Liability
1. Rylands v. Fletcher, L.R. 3 H.L. 330 (1868)
2. Rikards
3. Klein

Absolute Liability:
Article- 20 years after the Disaster.

4. Union Carbide Corporation and others v. Union of India and others, (1989) 1 SCC
674.
5. M.C. Mehta v. Shri Ram Foods and Fertilizer Industries, AIR 1987 SC 965

Supplemental Reading

Marc Galanter, Law’s Elusive Promise: Learning from Bhopal

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 WEEK X AND XI

DEFAMATION

RECOMMENDED READING- BACKGROUND READING- AVTAR, BANGIA,

EPSTEIN (PICK ONE THAT SUITS YOU BEST)

REQUIRED READING

Cases

1. Hough v London Express Newspaper, Limited

2. Petra Ecclestone v Telegraph Media Group Limited
3. Huth v Huth
4. Indian Express Newspapers vs Jagmohan Mundhara And Anr.
5. New York Times Co. v. Sullivan- defamation of public figures
6. R. Rajagopal vs State of Tamil Nadu (1994) 6 SCC 632- defamation of public figures.
7. Abdul Wahab Galadari vs Indian Express Newspaper- defense of justification
8. Govind Shantaram Walavalkar vs Pandharinath Shivaram Rege- absolute and qualified
privilege
9. Newspaper Rule: Nishi Prem v. Javed Akhtar AIR 1988 Bom 222.
10. ALSO LOOK AT THE DEFAMATION CASES CURRENTLY IN THE INDIAN COURTS-
AGAINST KEJRIWAL, ARNAB GOSWAMI AND LOOK AT CASES OF CYBER
DEFAMTION IN INDIA.

WEEK XII-XIII

CONSUMER PROTECTION ACT AND MOTOR VEHICLES ACT

RECOMMENDED BACKGROUND READING- KENNETH ABRAHAM AND

HALSBURY’S LAWS OF INDIA

REQUIRED READINGS

Statute/Readings

The Consumer Protection Act

avtar singh (2-12; 330-347)

Spring Meadows Hospital v. Harjol Ahluwalia, (1998) 4 SCC 39
VP Shantha

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 OTHER LATEST CASES ON CONSUMER PROTECTION ESP. IN THE AREAS OF
BUILDING DEVELOPERS.

WEEK XIV

CONSTITUITONAL TORTS, ACT OF STATE, SOVEREIGN IMMUNITY AND

OTHER MISCEALLANEOUS TOPICS

Selected Cases

1. Kasturilal Ralia Ram Jain vs The State Of Uttar Pradesh

2. State Of Madhya Pradesh vs Chironji Lal
3. Union Of India vs Jasso And Ors.
4. Rudul Sah vs State Of Bihar And Another
5. P.V. Rao v. Advani
6. Act of god: file:///C:/Users/Surabhi.Shukla/Desktop/Torts/Week%202-
4%20Trespass/Defenses/DOCTRINE%20OF%20SOVEREIGN%20IMMUNITY.htm
7. Nilabati Behra vs. State of Orissa, AIR 1993 SC 1960.
8. OTHER IMPORTANT CASES.

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