Law of Torts Including Motor Vehicle Accidents and Consumer Protection Laws (LLB I Semester)

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Unit-I: Nature of Law of Torts

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1. Nature of Law of Torts: Torts are civil wrongs that cause harm or loss, leading to legal liability for the person committing the wrongful act (the tortfeasor). Torts originated in Italy and were later developed in England.

2. Definition of Tort: A tort is a civil wrong, other than breach of contract, for which the remedy is a common law action for unliquidated damages.

3. Elements of a Tort:

   • Wrongful Act: An act that causes harm to another person.
   • Legal Damage: The harm or injury must be recognized by law (Injuria).
   • Damnum Sine Injuria: Damage without legal injury (no liability).
   • Injuria Sine Damno: Legal injury without actual damage (liability exists).

4. Development of Law of Torts in England and India: The Law of Torts developed through common law in England and was subsequently applied in India. It has been adapted to Indian conditions through judicial decisions.

   • Common Law: judge made law or judicial decisions/precedents. Common law is the Substantive Law for tortious liabilities. Natural right leads to Natural justice.
   • precedent: a judgement in a previous case.
   • Injury: Any damage is considered an injury.
   • Writ: A writ is issued by the King and is a formal written command. These are no longer in existence. These Writs are not to be confused with Constitutional Writs (habeaus corpus, ceritiori etc.)

   Writ Shop (Officina Brivium)

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   • The Writ Shop, or Officina Brivium, was the place where writs were filed in the old English legal system. It played a crucial role in enabling individuals to bring legal claims before the court.

   • Writs were official legal orders issued by the King or his officers, and they allowed plaintiffs to file claims against those who had wronged them. The writ system was the foundation of the common law system.

   • A writ shop would accept various types of claims, including trespass, where plaintiffs could directly file their case without needing extensive proof. This process streamlined the legal system and made access to justice more efficient.

   • There are two types of Writs

   • Action on Trespass: Involves unauthorized entry onto someone’s land or property.

     • No proof is required as trespass is actionable per se.

   • Action on Trespass on the Case: Deals with indirect harm and is actionable per se. Proof is required.

   • Maxims:

   • Ubi Remedium Ibi Jus: “Where there is a remedy, there is justice.” It means if a remedy is available for a wrong, justice can be served. People can pay damages and get away with anything.

     • Example: In cases of nuisance, the plaintiff can claim damages without needing to prove special damage.

   • Ubi Jus Ibi Remedium: “Where there is a right, there is a remedy.” It states that if a person has a legal right, they should have a means to enforce it. People cannot get away with anything they want by paying damages.

     • Example: In Ashby v. White (1703), Ashby was denied his right to vote, and despite no tangible harm, he won the case because his right was infringed.
     • This is the system that has paved the way for the present day legal system.

5. Tort Distinguished from Crime and Breach of Contract:

   • Tort vs. Crime: Crimes are offenses against society as a whole, whereas torts are private wrongs.
   • Tort vs. Breach of Contract: Torts arise from breach of duty imposed by law, while breach of contract arises from duties voluntarily agreed upon by parties.

6. General Principles of Liability in Torts:

   • Fault: Liability is often based on the fault or negligence of the tortfeasor.
   • Wrongful Intent & Malice: Intent to harm or a wrongful motive can increase liability.
   • Negligence: A failure to take proper care, resulting in harm.
   • Liability Without Fault (Strict Liability): In some cases, liability arises without proof of negligence (Ryland’s v. Fletcher).
   • Statutory Liability: Some torts are governed by specific laws/statutes.
   • Parties to Proceedings: The tortfeasor (defendant) and the injured party (plaintiff).

Unit-II: Defenses and Liability in Torts

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1. General Defenses to an Action in Torts: Defenses include:

   • Consent: Volenti non fit injuria (no injury is done to one who consents).
   • Self-Defense: Reasonable force to protect oneself or property.
   • Necessity: Harm caused to prevent a greater harm.
   • Act of God: Natural events that are unforeseeable and inevitable.

2. Vicarious Liability: One person may be held liable for the wrongful acts of another (e.g., employer’s liability for employee’s acts).

3. Liability of the State for Torts: The state can be liable for torts committed by its employees under certain circumstances. However, the Defense of Sovereign Immunity may protect the state in some cases.

4. Joint Liability: Multiple parties may be liable for the same tort. For example, partners in a business may be jointly liable for a tort.

5. Rule of Strict Liability (Rylands v. Fletcher): A person who brings something dangerous onto their land is strictly liable if it escapes and causes harm, regardless of negligence.

6. Rule of Absolute Liability (M.C. Mehta v. Union of India): In cases involving hazardous activities, liability is absolute, meaning the defendant is liable regardless of fault or negligence.

7. Occupiers’ Liability: The liability of landowners or occupiers for harm caused to visitors or trespassers due to unsafe conditions on their property.

8. Extinction of Liability:

   • Waiver: The injured party voluntarily gives up the right to sue.
   • Acquiescence: The injured party’s conduct implies acceptance of the wrong.
   • Release: The tortfeasor is formally released from liability.
   • Accord and Satisfaction: An agreement to settle the matter.
   • Death: Some claims may not survive the death of the tortfeasor or victim.

Unit-III: Specific Torts

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1. Torts Affecting the Person:

   • Assault: An act that creates a reasonable apprehension of imminent harm.
   • Battery: The actual infliction of unlawful physical contact.
   • False Imprisonment: Unlawful restraint of a person’s freedom of movement.
   • Malicious Prosecution: Wrongful and malicious institution of criminal or civil proceedings.
   • Nervous Shock: Emotional or psychiatric harm caused by a tortious act.

2. Torts Affecting Immovable Property:

   • Trespass to Land: Unauthorized entry onto another person’s land.
   • Nuisance: Interference with someone’s use or enjoyment of their property.
   • Public Nuisance: Acts that affect the community at large.
   • Private Nuisance: Acts that affect specific individuals.

3. Torts Relating to Movable Property: Liability arising from interference with another’s possession of movable goods.

4. Liability Arising Out of Accidents:

   • Relevant provisions under the Motor Vehicles Act apply to tort claims involving vehicle accidents.

Unit-IV: Defamation and Other Specific Torts

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1. Defamation: Injury to a person’s reputation through false statements, which can be:

   • Libel: Written or published defamation.
   • Slander: Spoken defamation.

2. Negligence: Failure to take reasonable care, resulting in damage or injury to another.

3. Torts Against Business Relations:

   • Injurious Falsehood: False statements made to harm a business.
   • Negligent Misstatement: Careless words causing financial loss.
   • Passing Off: Misrepresentation of goods or services as those of another.
   • Conspiracy: An agreement between two or more persons to harm another.

4. Torts Affecting Family Relations: Torts that interfere with family relationships (e.g., alienation of affection).

5. Remedies:

   • Judicial Remedies: Remedies awarded by courts, such as damages or injunctions.
   • Extra-Judicial Remedies: Self-help remedies, like re-entry to land or abatement of nuisance.
   • Damages: Monetary compensation for harm.
     • Kinds of Damages: Includes compensatory, punitive, and nominal damages.
     • Assessment of Damages: The process of calculating compensation.
   • Remoteness of Damage: Limiting liability to damages that are reasonably foreseeable.
   • Injunctions: Court orders to prevent or require certain actions.
   • Action Personalismoritur Cum Persona: A tort action dies with the person (the principle of personal injury torts).

Unit-V: Consumer Protection Laws

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1. Consumer Laws:

   • Common Law and the Consumer: The evolution of laws to protect consumers against defective goods and deficient services.
   • Duty to Take Care and Liability for Negligence: Manufacturers and service providers have a duty to avoid causing harm to consumers.

2. Product Liability: Liability of manufacturers for defects in products that cause injury or harm to consumers.

3. Consumerism: The movement aimed at promoting and protecting the rights of consumers.

4. Consumer Protection Act, 1986:

   • Salient Features: A landmark statute aimed at protecting consumer rights and establishing mechanisms for redressal of consumer grievances.
   • Definition of Consumer: Any person who buys goods or avails services for consideration.
   • Rights of Consumers: Includes the right to safety, to be informed, to choose, to be heard, and to seek redressal.
   • Defects in Goods and Deficiency in Services: Legal action can be taken for faulty goods or poor service.
   • Unfair Trade Practices: Practices that mislead or deceive consumers.
   • Redressal Machinery: The Consumer Protection Act establishes District, State, and National Consumer Dispute Redressal Commissions to handle complaints.
   • Liability of Service Providers, Manufacturers, and Traders: These parties are held responsible for harm caused by defects in goods or deficiencies in services.
   • Remedies: Consumers may seek remedies such as replacement, repair, or compensation.

Suggested Readings

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1. Winfield & Jolowicz: Law of Tort, Sweet and Maxwell, London.
2. Salmond and Heuston: Law of Torts, 2nd Indian Reprint, Universal Book Traders, New Delhi.
3. Ramaswamy Iyer: The Law of Torts, LexisNexis Butterworths, New Delhi.
4. PSA Pillai’s: Law of Tort, Eastern Book Company, Lucknow.
5. Durga Das Basu: The Law of Torts, Prentice Hall of India, New Delhi.
6. Ratanlal & Dhirajlal: The Law of Torts, LexisNexis.
7. R.K. Bangia: Law of Torts, Allahabad Law Agency, Allahabad.
8. Vivienne Harpwood: Law of Torts, Cavendish Publishing Ltd., London.
9. Hepple & Mathews: Tort - Cases and Materials, Butterworth, London.
10. D.N. Saraf: Law of Consumer Protection in India, Tripati, Bombay.