What is law of Torts?
1. Evolution of law of torts
1.1. Its development by courts in England.
1.2. Forms of Action.
1.3. Emergence of specific remedies from case to case.
1.4. Reception of Law of Torts in India.
1.5. Principles of Equity Justice and good conscience
1.6. Definition, nature, scope and objects of Land Laws.
1.7. A Wrongful act violation of a duty (in rem) imposed by law, duty which is owned to
people generally, Legal damages-damnum sine injuria and injuria sine damno
1.8. Tort distinguished from crime, breach of contract – The concept of Unliquidated
damageschanging
scope of Law of Torts: Expanding character-duites owned to people
generally due to complexities of modern society, scientific and technological
progress, industrialization, organization, specialization, occupational hazards-objectsprescribing
standards of human conduct, redressal wrongs by payment of
compensation, prescribing unlawful conduct by injunctions.
2. Principles of liability in torts:
2.1. Fault
2.2. Wrongful intent
2.3. Negligence
2.4. Liability without fault
2.5. Violation of Ethical codes
2.6. Statutory liability
2.7. Fatal Accidents Act-Railway Act-Workmen’s compensation Act-Motor vehicles Act-
Carrier Acts-Insurance Laws.
2.8. Place of motive in torts.
2.9. Extinguishments of liability in certain situations:
2.10. Death, Actio personalis mortium cumpersona-Exceptions-Law reform
(Miscellaneous Provisions) Act, 1934.
2.11. Waiver and Acquie
3. Justification in tort:
3.1. Volenti non fit injuria-What is free consent? Informed consent, mere knowledge and
knowledge coupled with assumption of risk.
3.2. Necessity, Private and Public.
3.3. Plaintiff’s default
3.4. Act of good and Inevitable Accident
3.5. Private defense
3.6. Statutory Authorisation
3.7. Judicial and Quasi-Judicial Acts
3.8. Parental and Quasi Parental Authority
4. Doctrine of sovereign immunity and its relevance in India
4.1. Liability of state-sovereign and non-sovereign functions, Croen proceedings Act of
U.K Federal Tort Claims Act of U.S.A.
4.2. Constitution of India (Arts 294 and 300)
4.3. Act of state
5. Vicarious liability:
5.1. Basis, Scope and Justification
5.2. Express Authorization
5.3. Ratification
5.4. Abetment
5.5. Special Relationships
5.6. Master and servant-arising out of and in the course of employment who is master?
Control test who is servant, borrowed servant independent contractor?.
5.7. Principal and Agent
5.8. Corporation and Principal Officer
6. Torts against persons and personal relations:
6.1. Assault, Battery, Mayhem
6.2. False Imprisonment
6.3. Defamation-Libel, slander including law relating to privileges
6.4. Marital Relations, Domestic Relations, Parental Relations, Master and Servant
Relations.
6.5. Malicious prosecution
6.6. Shortened Expectation of life.
6.7. Nervous shock.
6.8. Defenses.
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6.9. Trespass to land, Trespass ab initio, dispossession
6.10. Movable property-Trespass to goods, Detinue, Conversion
6.11. Torts against Business interests-Injurious Falsehood, Misstatements passing off.
7. Absolute/strict liability:
7.1. Basic concepts
7.2. Theories of Negligence
7.3. Standards of care, Duty to take care, carelessness inadvertence
7.4. Doctrine of contributive Negligence.
7.5. Res ipsa liquitor and its due to Negligence with special reference to consumer
protection law.
7.6. Professional liability due to Negligence with special reference to consumer
protection law.
7.7. The rule in Ryland v. Fletcher. Principle for application of these rules.
7.8. Storing of dangerous things.
7.9. Escape of dangerous things-application of principles in concrete cases of damage
arising
out of industrial activity. (The Bhopal Disaster, Oelum, Gas Escape, Machua Dam
Burst,
M.C. Mehta sace, Nuclear Installations and their hazards).
7.10. Liability under Motor Vehicle Act, Railway Act etc.
8. Nuisance
8.1. Definition, Essentials, Types
8.2. Acts which constitute nuisance-obstructions of highways, pollution of air, water,
noise,
interference with light and air.
9. Legal Remedies:
9.1. Legal remedies
9.2. Award of damages-simple, special, punitive
9.3. Remoteness of damages-foreseability and directness tests
9.4. Injunction
9.5. Specific restitution of property
9.6. Extra-legal remedies-self help, re-entry in land, re-capture of goods, distress damage
feasant abetment to nuisance
9.7. Judicial process in Tort-Dilatoriness-Complicated rules of procedures and evidence -
Experts in trial process, reports of testing labs-Court fees, problems of access.
Coimbatore lawyers also provides information about other laws in India.