22 PAPER-4 (LL1008)
LAW OF TORT AND CONSUMER PROTECTION LAWS nd st
(2 Semester, 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition, distinction between tort, crime, contract, breach of trust. 2. Essential conditions of liability – Damnum Since injuria, Injuria sine damnum, Malice, Motive. 3. Foundations of tortuous liability, fault liability, strict liability, principles of insurance in torts. 4. Capacity of parties to use and / or be used – State its subordinates – executive officers, judicial officers – mirrors corporation, unicorporated bodies, trade unions, etc foreign soveriengs, convicts bank rupts. 5. General defences – consent, resources cases, inevitable accident, Act of G mistake private defence, necessity statutory authority, act of State. 6. Remedies – Judical and extra judicial Damages- kinds of damages remoteness of damages- comparison with principles in contracts ; novas actus intervenes, successive action on the same facts, Merger of tort in felony. 7. Vicarious liability – Master and Servant – Distinction between servant and independent contractor, concept of servant, course of employment, Hospital cases, Masters duties towards servants, servants duties to his master, Servant with two masters, common employment, liability for tort of independence contractors, criminal acts of servants. 8. Joint tort feasors – common law rules, law reform act, 1935 applicability in India of the English principles. 9. Effect of death of parties in tort – Motor Vehicle accident cases. Specific Torts : 10. Wrong to person – assult, battery, false imprisonment 11. Wrongs to property – trespass to land, continuing trespass, trespass to goods, convesion, detinue specific restitution. 12. Wrong to reputation – defamation – libel, slander- principles governing liability for defamation; defences – Justificaiton fair comment principles – absolute and qualified. 13....
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