Vous êtes sur la page 1sur 27

Format No. QSP/7.1/01.

F01 (C)
IssueNo.04 Rev. No 4 Dated: June 7, 2014


UNIVERSITY OF PETROLEUM & ENERGY STUDIES
College of Legal Studies
Dehradun

COURSE PLAN
Programme : BA., LL.B. (Hons) Energy Laws
Course : Law of Torts
Semester : III rd
Session : July to Dec. 2014
Batch : 2013 -18
Subject Code : LLBL241
No. of credits : 4
Prepared by : Pooja Gautam
Email : pgautam@ddn.upes.ac.in

Approved By


_______________________ _______________________
HOD Dean

UPES Campus Tel : +91-135-2770137
Energy Acres Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)






College of Legal Studies July.-December. 2014
COURSE PLAN
Subject: Law of Torts Course: BALLB
Duration: July 2014 December-2014 Subject code: LLBL241

A. OBJECTIVES:
1. to familiarize the students with the nature and extent of liability of the private
enterprises, multinationals and the government authorities for the wrongs committed
against the individual and their property,
2. to develop sound knowledge, skills and disposition on some of the contemporary
issues of Specific Torts, Cyber Tort, Family Tort, and Economic Tort, Product
Liability etc.

B. COURSE OUTLINE
It has 11 modules which are as follows:
Module 1:- Definition and Nature of the Law of Tort
Definition, nature and evolution of the law of torts.
Difference- Law of Tort or Law of Torts. Tort & Crime, Tort & Contract.
Basis of the tortuous liability; Basic legal maxims for Determination of liability; viz
Ubi jus Ibi remedium, Injuria Sine Damnum and Damnum Sine Injuria.

Module 2:- Liability for the Wrong Committed by Other Person
Principle of Vicarious Liability and its basis- Master and Servants, Principle and
Agent, Partners of a firm, States Liability: Doctrine of Sovereign Immunity in
reference to the Crown Proceedings Act 1947, Federal Torts Claims Act 1946 and
Article 300 of the Indian Constitution.
Joint Tort Feasors, joint and several liabilities in payment of damages.

Module 3:- Negligence, Contributory Negligence and Nuisance
Negligence as a tort and its various dimensions in the present world viz. Professional
Negligence, psychiatric damage; economic loss; Foresight of harm as test of the
existence of negligence, Proximate Cause and Intervening cause, concurring
negligence of the third person
Contributory Negligence, Last Opportunity Rule, Res Ipsa Loquitur Injury Caused by
Plaintiffs negligence, Injury Caused by Defendants negligence, Concurring
Contributory negligence, Representation in Contributory Negligence and Imputed
Negligence.
History of Nuisance, Nuisance and interference with real rights, Remedy for Nuisance,
Nuisance in conduct of Business, Public Nuisance.



College of Legal Studies July.-December. 2014
Module 4: - General Defenses for the Tortuous Liability
Volenti non fit injuria, Vis Major (Act of God), Inevitable Accident, Necessity
Statutory Authority, Judicial and Quasi Judicial, Parental and Quasi- Parental
Authorities. Act of Third Parties, Plaintiffs Default, Mistake

Module 5:- Torts Against Human Being and Property
Assault, Battery, Emotional Distress, Malicious Prosecution and abuse of legal
proceedings, Conspiracy, False Imprisonment
Defamation: Freedom of Speech and Expression and liability for Defamation in the
civil and criminal law, different branches of Defamation: Libel, Slander and hybrid
types of the Defamation; Defamation in Blogs & Cyberage; Privilege, fair Comment
and Criticism, malice and right of privacy.
Trespass to land, trespass to goods, conversion, Passing off, Injury to trademark,
patent & copyrights.

Module 6: - Liabilities based on fault
Principle of Strict Liability and applicability of it in India, Exceptions of strict liability,
The Principle of Absolute Liability


Module 7: - Remedies
Remedies extra judicial remedies, judicial remedies- damages, injunction ,
restitution, writs
Remoteness of Damage- Various principles for fixing the liability and to ascertain the
damages for the wrong committed viz But for Test, Directness Test and the
Doctrine of Reasonable foresight.


Module 8: Emerging areas of Tort: Cyber Tort
Emerging Trends in the law of tort for example, wrongs relating to Domestic Rights,
viz marital rights, parental rights, domestic violence, seduction of female child etc
Rights in Cyberspace, Cybertrespass, Cyberstalking, pamming, Invasion of Privacy in
Cyberspace, Cyberlibel, Cybersquating, .Product liability in a hi-tech environment
Jurisdiction in Cybertort

Module 9: Statutory Tort
1. Motor Vehicles Act,1988
a. Chapter-X Liability without Fault (Ss.140-144)
b. Chapter-XI Insurance of Motor Vehicles (Ss.145-164)
c. Chapter- XII Claims Tribunal (Ss. 165-173)

Module 10: Product Liability and Protection of Consumers Interest:
Product Liability theories of causation, defectiveness and proximate reason, tortuous
misrepresentation and negligence,
The Consumers Protection Act and its applications.


College of Legal Studies July.-December. 2014
C. PEDAGOGY
Interactive approach during the study. (Students are supposed to come prepared for the topics
for discussion in the class/ case studies/ Presentations/ Viva-voce), randomly any student can
be called on the board to solve the problems.
Work in small groups for Group Projects and personalized teaching. (Student counseling,
mentoring and individual/group projects/ assignments, exercises using Solver and excel etc.)
Presentations (Paper/Group Project)
Case Study
Chalk and talk
Random Questioning
Reflections
Course room exercise
Case Analysis

D. COURSE COMPLETION PLAN
Sessions: 4 (lectures of 1 hour each) for a 4 credit course.
Total hours per week: 4 hours per week.

E. EVALUATION & GRADING

Description Weight age Schedule
1. Continuous Assessment 30% Detailed Below
2. Mid term Exam 20% Academic Calendar
3. End term Exam 50% Academic Calendar

Internal Assessment: Marks 100 (shall be done based on the following 5 components):
Description Weight age Schedule:-

1. Continuous Assessment 30% Detailed Below
Continuous Assessment: (Marks 100 - converted to 30) shall be done based on the following 5
components:
a. Two class tests 20 Marks [02 X10 Marks]
b. One Assignment 20 Marks
c. Project work 20 Marks (Abstract, Synopsis, final draft/ presentation)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks

Formula for attendance marks:
67-75 % 0 Marks
75-80% 5 Marks

College of Legal Studies July.-December. 2014
80-85% 10 Marks
85-90% 15 Marks
90%-100% 20 Marks
Five components will be used for internal assessment for this course (Total 100 marks),
the details of each component is as follows:
a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand
written, to submit/present on a definite date. The assignment is attached with the
course plan as Annexure-1 It will have 20% weightage. Individual Viva-voce will be
conducted on the assignment.

b) Projects/Presentations/Case Analysis/Publication/Moot Court Participation/Court
Room exercise: Weightage 20 %

Faculty has choice to select any one component:
a. Project Topics covering entire syllabus and emerging areas with allotments.
b. Land Mark current and old Cases covering the entire syllabus with allotments
c. Moot Problem with allotments in groups

(i) The case analysis should be an individual work. While the project work and the
Moot Court will be in groups.
(ii) Total number of students is 60 therefore, 15 groups of 4 members each will be
formed. Ideally it should be mix of male/female and background-

c) Every Group would be asked to prepare a topic from the suggested
List and go through the primary/secondary data collection and analysis/interpretation and
finally prepare a Group Report of Min. 20 pages.
They are also required to make a presentation on that topic on a scheduled date (would be
communicated in the class). The duration of a group presentation will be 15-20 minutes;
followed by 5-10 minutes discussion/query session.

d) Students are encouraged to review research papers and write/publish papers
jointly with the faculty.

Mid- Sem Examination: 20% Weightage
Mid- Sem examination shall be of two hour duration and shall be a combination of
Objective, short theory questions and numerical problems.
End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have
objective & theory questions, short and long numerical problems.
Passing Criterion: minimum 40% of the highest marks in the class

College of Legal Studies July.-December. 2014
Student has to secure minimum 40% marks of the highest marks in the class
scored by a student in that subject (in that class/group class) individually in
both the End-Semester examination and Total Marks in order to pass in that
paper.
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with
less than said percentage shall NOT be allowed to appear in the end semester examination.
The student obtaining 100% attendance would be given 5% bonus marks for internal
assessment.
Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as Blackberries/Laptops) are not permitted in
classes during Tests or the Mid/Final Examination. Such devices MUST be turned off in
the class room.
E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to
access the LMS system regularly. Regularly, important information Date of conducting
class tests, guest lectures, syndicate sessions etc. to the class will be transmitted via e-
mail/LMS. The best way to arrange meetings with us or ask specific questions is by email
and prior appointment. All the assignments preferably should be uploaded on LMS.
Various research papers/reference material will be mailed/uploaded on LMS time to time.
F. DETAILED SESSION PLAN

SESSION TOPIC READINGS
1.
Module 1:- Definition and Nature of the Law of
Tort
Definition, nature and history of the law of torts.


Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 2-3
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-1-2
Carol harlow, understanding tort
law, sweet & Maxwell 200, pg1-27
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg1-3
Case study:
Common cause, A registered
society V. UOI, AIR 1999 SC
2979
Jay Laxmi salt works P Ltd
V. state of Gujarat, (1994) 3
SC 492

College of Legal Studies July.-December. 2014
2.
Difference- Law of Tort or Law of Torts. Tort
& Crime, Tort & Contract.

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 1-6
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed.
LexisNexis, 2009, pg-3-4
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg 5-12
Case study:
Ranganagulu vs Mullackal
Devaswan AIR 1974 Ker 25
Kenny peen (1963) 1QB 499
(CA)
Rajkot Municipal Corpn V.
MJ Nakum, (1997)9SCC 552

3. Basis of the tortuous liability
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 12-24
Singh, Dr. Avtar, introduction to the law of torts
and consumer protection, 2
nd
ed. LexisNexis,
2009, pg-4-6
Case study:
Rookes V. Bernard (1964)
AC 1129 HL
Donoghue V. Stevenson
(1932) AC 562
4.
Basic legal maxims for Determination of liability;
viz Ubi jus Ibi remedium,
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 12-24
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-4-6
Case study:
Gloucester Grammer School
case(14190 V.B. Hill 11
5. Injuria Sine Damnum and Damnum Sine Injuria.
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 12-24
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-4-6
Case study:
Ashby v. White (1703)2 LR
938
6.
Module 2:- Liability for the Wrong Committed
by Other Person
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 472-476,

College of Legal Studies July.-December. 2014
Principle of Vicarious Liability and its basis, Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-65
Case study:
Lucknow Development
Authority v M.K. Gupta AIR
1994 1 SC 243
Donoghue v. Stevenson,
1932,AC 562;
Kasturi Lal v. State of U.P.
AIR 1965 SC 1039;

7.
Master and Servants, Principle and Agent,
Partners of a firm
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 484-518
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-66-80
Case study:
Dharangadhara chemical
works ltd. Vs state of
saurashtra AIR 1957 SC 264
Loyd v. Grame Smith &Co.
(1912) AC 716]
General engineering services
ltd vs Kingston and saint
Andrew corp. (1989)1 WLR
69
8.
States Liability: Doctrine of Sovereign Immunity
in reference to the Crown Proceedings Act 1947,
Federal Torts Claims Act 1946 and Article 300 of
the Indian Constitution.

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 12-24
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-75
Ratan Lal and Dhiraj Lal on Law of
Torts,26
th
ed. Lexi Nexis, 2012pg -
173
Case study:
Peninsular and Steam
Navigation Co. Secretary of
State for India (1861) 5 Bom.
H.C.R. App. 2;



College of Legal Studies July.-December. 2014
9.
Joint Tort Feasors, joint and several liabilities in
payment of damages.

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 518-525
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-97

10.
Module 3:- Negligence, Contributory
Negligence and Nuisance
Negligence as a tort and its various dimensions in
the present world

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 160- 162
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-179- 210

Case study:
Donoghue v. Stevenson,
1932,AC 562;
Bird vs Holbrook (1820)
4Bing 628

11.
Duty, Foresight of harm as test of the existence of
negligence,

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 162-169, 178-196
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-180

Case study:
Donoghue v. Stevenson,
1932,AC 562;

12.
Proximate Cause and Intervening cause,
concurring negligence of the third person
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 169-175
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-180

Case study:
Haley vs London electricity
board, (1964)3 All ER 185
HL
Dutton vs Bognor Urbon
District Council, (1972) 1 All
ER 492

College of Legal Studies July.-December. 2014
13.
Res Ipsa Loquitur, Injury Caused by Plaintiffs
negligence, Injury Caused by Defendants
negligence,
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 203-214
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-220

Case study:
Scott vs London & Katherine
Docks Co., (1865) 3H & C
596
Byrne vs boadle, (1863) 2H
& C 722
Achutrao Haribhau Khodwa
V. State of Maharashtra AIR
1996 SC 2377 ;
14. .
Contributory Negligence- Last Opportunity Rule
Concurring Contributory negligence,
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 215-233
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-211-216

Case study :
Butterfield vs forrester,
(1809)11East 60
Henley vs Cameron (1949)
65 TLR 17
15.
Representation in Contributory Negligence and
Imputed Negligence
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 215-233
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-211-216
Case study:
Davies vs Mann (1842) 18
M&W 546
Butterfield vs Forrester,
(1809)11East 60
Admiralty commissioner vs
S.S. Volute (1922) 1 AC 129

16.
Nuisance
Nuisance as a tort and History of Nuisance,
Nuisance and interference with real rights,

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 236
Singh, Dr. Avtar, introduction to the law of torts
and consumer protection, 2
nd
ed. LexisNexis,

College of Legal Studies July.-December. 2014


2009, pg- 225-230
Case study :

17.
Essentials of nuisance, who can sue, who can be
sued , difference between public and private
nuisance
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 237-254
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-225,-230

Case study:
Dolman vs Hillman, (1941) 1 All ER
355
Municipal corpn. of Delhi vs
subhagwanti, AIR 1966 SC 1750

18.
Nuisance in conduct of Business,
Defences and Remedy for Nuisance,
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 237-254
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-225,-230
Case study:
Kanti vs U.I.T. Bikaner, AIR 1998
Raj 108

19.
Module 4: - General Defenses for the Tortuous
Liability
Volenti non fit injuria, Inevitable Accident
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 394 -407
Singh, Dr. Avtar, introduction to
the law of torts and consumer
protection, 2
nd
ed. LexisNexis,
2009, pg-41- 43
Case study :
Hall vs brooklands auto
racing club, (1933) 1 KB
205
Smith vs Baker, 1891 AC
325
Stanley vs powell, (1891) 1
QB 86
20. Vis Major (Act of God), Necessity,
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 408-416
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-42


College of Legal Studies July.-December. 2014
Case study:
Ryland vs fletcher, 1868 LR 3 HL
330
Nichols vs Marsland, 1875 LRR 10
Ex 255
21.
Statutory Authority, Judicial and Quasi Judicial,
Parental and Quasi- Parental, Authorities.

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 416-423
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-28, 37-40
London and brighton railway co. vs
Truman, (1885) 11 AC 45
Metropolitan Asylum District vs Hill
(1881) 6 AC 193
22. Act of Third Parties, Plaintiffs Default, Mistake
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 394
Singh, Dr. Avtar, introduction to the law of torts
and consumer protection, 2
nd
ed. LexisNexis,
2009, pg-1-2
Case study:
R vs prince, 1875 LR 2 CC 154
Morrison vs Ritchie & co,
(1902) 4 F 645

23.
Module 5:- Torts Against Human Being and
Property
Defamation: Freedom of Speech and Expression
and liability for Defamation in the civil and
criminal law,


Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 40-42, 94-96
Singh, Dr. Avtar, introduction to
the law of torts and consumer
protection, 2
nd
ed. LexisNexis,
2009, pg-1-2
Case study:
Noor mohammed vs Mohd.
Jiajddin, AIR 1992 MP 244



College of Legal Studies July.-December. 2014
24.
different branches of Defamation: Libel, Slander
and hybrid types of the Defamation; Essential
elements of defamation

pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 43-63
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-112-128
Case study:
D.P. Choudhary vs kumara
manjulata, AIR 1997 Raj 170
Boydell vs Jones (1838) 4
M&W 446
25. defences and remedies for defamation
pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 43-63
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-112-128
Case study:
Alexander vs North Eastern
Rly (1865) 6 B & S 340
Merivale vs Carson (1887)
20 QB 275
26.
Defamation in Blogs & Cyber age; Privilege, fair
Comment and Criticism, malice and right of
privacy.

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 63-91
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg46
Case study:
Barrett v. Rosnethal, 112
Cal.App. 4th 749 (2003).
Bill Mc Laren, Jr. V.
Microsoft Corporation,
Courtof Appeals of
Texas,Dallas (1999) WL
339015.;

27.
Trespass
Trespass to land
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 97-112
Singh, Dr. Avtar, introduction to
the law of torts and consumer
protection, 2
nd
ed. LexisNexis,
2009, pg-149-166
Case study:


College of Legal Studies July.-December. 2014
28.
Trespass to goods, conversion, Passing off, Injury
to trademark, patent & copyrights.
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 113-124
Singh, Dr. Avtar, introduction to
the law of torts and consumer
protection, 2
nd
ed. LexisNexis,
2009, pg-167-172
29.
Trespass to body- Assault, Battery, Emotional
Distress, Malicious Prosecution and abuse of legal
proceedings, Conspiracy,

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 27-30
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-103-108
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg 47-51
Case study:
Stephen vs Myers, (1830) 4 C & P
349
Cole vs Turner, (1705) 6 MOD 149
30. False Imprisonment
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 31-39
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-107 -109
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg 53-57

Case study:
Grainger vs Hill, (1838) 4 bing NC
212
Joginder kumar vs state of U.P., AIR
1994 SC 1349
31.
Module 6: - Liabilities not based on fault:
Principle of Strict Liability and applicability of it
in India

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 265-281
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg 739-
758
Case study:
Rylands vs Fletcher, (1868) LR HL
330

32. Exceptions of strict liability
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 265-281
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg 739-
758
Ratan Lal and Dhiraj Lal on Law of

College of Legal Studies July.-December. 2014
Torts,26
th
ed. Lexi Nexis, 2012,
pg31-32

Case Study:
Bolton vs Stone, 1951 AC 850
Noble vs Harrison (1926) 2 KB 332
33. The Principle of Absolute Liability
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg 737-
808
Ratan Lal and Dhiraj Lal on Law of
Torts,26
th
ed. Lexi Nexis, 2012,
pg31- 32

Case study:
M.C.Mehta vs UOI AIR 1987 SC
1086
Indian council for enviro-legal
action vs UOI, AIR 1996 SC 1446

34.
Module 7: - Remedies

Remedies extra judicial remedies, judicial
remedies- damages, injunction , restitution, writs

Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 526-529, 561-563,
Singh, Dr. Avtar, introduction to the
law of torts and consumer
protection, 2
nd
ed. LexisNexis, 2009,
pg-81-99

Case study:
Mills vs Brooker, (1919) 1 KB 555

35.
Remoteness of Damage
Various principles for fixing the liability and to
ascertain the damages for the wrong committed viz
But for Test, Directness Test and the
Doctrine of Reasonable foresight
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 526-529, 561-563,
Singh, Dr. Avtar, introduction to
the law of torts and consumer
protection, 2
nd
ed. LexisNexis,
2009, pg-81-99
Ratan Lal and Dhiraj Lal on Law of
Torts,26
th
ed. Lexi Nexis, 2012,
pg190-202
Venkatesh vs city municipal council
AIR 1975 Kant 62
In Re Polemise case (1921) 3 KB
560
Wagaon mound case (1961) AC
388


College of Legal Studies July.-December. 2014
36. .
Module 8: Emerging areas of Tort
wrongs relating to Domestic Rights, viz marital
rights, parental rights, domestic violence,
seduction of female child etc

Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 200, pg 111-
115, 125-128, 77-79

37. .
Rights in Cyberspace, Cyber trespass,
Cyberstalking, Spamming, Invasion of Privacy in
Cyberspace, Cyber libel, Cyber squating, .
Iyer, ramaswamy; the law of torts;
10thed., Lexi Nexis, 2007pg-32, 43-
46
38.
Product liability in a hi-tech environment
Jurisdiction in Cyber tort

Singh avtar, law of consumer protection
(principle and practice); 4
th
ed. EBC; 2004 pg 5
, 102, 517, 6
39.
Module 9: Statutory Tort
Motor Vehicles Act,1988
Chapter-X Liability without Fault (Ss.140-144)


Ratan Lal and Dhiraj Lal on Law of
Torts,26
th
ed. Lexi Nexis, 201. Pg-
701-704
Case study:
M.K. Kundhimohammed vs
P.A. Ahmedkutty, AIR 1987
SC 2158

40.
Chapter-XI Insurance of Motor Vehicles (Ss.145-
164)

Ratan Lal and Dhiraj Lal on Law of
Torts,26
th
ed. Lexi Nexis, 2012, pg
705-724
Case study:
Yallwwa vs national
insurance co. Ltd. (2007) 6
SCC 657

41.
Chapter- XII Claims Tribunal (Ss. 165-173)

Ratan Lal and Dhiraj Lal on Law of
Torts,26
th
ed. Lexi Nexis, 2012, 725-
732
Case study:
Oriental insurance co. ltd. Vs Brij
Mohan (2007) 7 SCC 56
42.
Module 10 Product Liability and Protection of
Consumers Interest:
Product Liability theories of causation,
defectiveness and proximate reason, tortuous
misrepresentation and negligence
Singh avtar, law of consumer protection
(principle and practice); 4
th
ed. EBC; 2004 pg 5
, 102, 517, 6

Case study:
Donoghue v Stevenson

College of Legal Studies July.-December. 2014
43.
The Consumer Protection Act and its applications
Definitions: consumer, good, services,
Defects and deficiencies
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 565-666
Singh, Dr. Avtar, introduction to the law of torts
and consumer protection, 2
nd
ed. LexisNexis,
2009, pg-244-256
Singh avtar, law of consumer protection
(principle and practice); 4
th
ed. EBC; 2004 pg
7-85
Case study:
Lucknow development
authority vs M.K. Gupta,
(1994)1SCC 243
44.
.
Restrictive trade practice and unfair trade practice
Pillai P.S.A., Law of Tort, 9
th
ed.,
EBC, 2008, pg- 668-676
Singh, Dr. Avtar, introduction to the law of torts
and consumer protection, 2
nd
ed. LexisNexis,
2009, pg-295-301, 344-342
Singh avtar, law of consumer protection
(principle and practice); 4
th
ed. EBC; 2004 pg
154-192
Case study:
Ravneet singh bagga vs KLM royal
dutch airlines(2000) 1SCC 66
45. Consumer dispute redressal agencies
Singh avtar, law of consumer protection
(principle and practice); 4
th
ed. EBC; 2004 pg
108-806

C. Evaluation Scheme: Continuous Evaluation
Description Marks Schedule
1. Continuous Assessment 30 % Detailed below
2. Mid Semester Exams 20 % Refer Academic Calendar
3. End Semester Exam 50 % Refer Academic Calendar


G. SUGGESTED READINGS:

G :1TEXTBOOKS:
1. Pillai P.S.A., Law of Tort, 9
th
ed., EBC, 2008,
2. Singh, Dr. Avtar, introduction to the law of torts and consumer protection, 2
nd
ed.
LexisNexis, 2009,
3. Ratan Lal and Dhiraj Lal on Law of Torts,26
th
ed. Lexi Nexis, 2012


College of Legal Studies July.-December. 2014
G : 2 REFERENCE BOOKS
1. Wienfield and Zolowicz, Torts, 18th Edi., Sweet & Maxwell 2010
2. Iyer, ramaswamy; the law of torts; 10thed., Lexi Nexis, 2007
3. Gupta, apar, commentary on information technology act, 2
nd
ed. Lexi Nexis, 2011
4. Tabrez Ahmad Cyberlaw, E-Commerce & M-Commerce. APH Pub.Corp. NewDelhi
2003.
5. Kaushal, anoop, practical guide to consumer protection Law, 3
rd
ed. Universal
publication 2010
6. Taxmanns , Consumer protection law manual with practical manual, 2008 taxmann
publication.


G: 3 WEB SOURCES:
www.ssrn.com
www.jastor.com
www.manupatra.com
www.scconline.com
H. Instructions
a) All students will be divided in groups comprising of 3- 4 students in each.
b) Students are expected to read the concerned sessions contents in advance before
coming to the class.
c) The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, reflections, discussion,
current practices, examples, problem solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their
views and defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she
will loose the marks.
g) Late entry(Max. 5 minutes from the class timing) in the class will not be allowed.


-----------------------------------------------------------------------------------------------------------------
Annexure-I

UNIVERSITY OF PETROLEUM & ENERGY STUDIES
COLLEGE OF LEGAL STUDIES

BA.,LLB(HONS.)/BBA.,LLB(HONS.)
SEMESTER

College of Legal Studies July.-December. 2014
ACADEMIC YEAR: 2014 -15 SESSION: JULY-DECEMBER
ASSIGNMENT 1
FOR
Law of torts
(LLBL241)
Under the Supervision of: Pooja Gautam
(TO BE FILLED BY THE STUDENT)
NAME: _______________________
SAP NO: _______________________
ROLL NO -------------------------------------
Section A (10 Marks)
(Attempt all questions. Each questions carryequal marks)
General Question- subject matter
1. Write short notes on the following.
(a) Medical negligence
(b) Tort and crime
(c) Private defence
(d) Mistake.
(e) Statutory Authority as a defence

Section B (20 marks)- Conceptual Question
(Attempt all questions. Each questions carryequal marks)
2. Tortious liability arises out of breach of duty primarily fixed by law, this duty is
towards person generally and its breach in reusable by an action for unliquidated
damages WINFIELD. Explain the statement.

3. What are the essentials of false imprisonment what are the remedies available in the
case of false imprisonment?

Section C (20 marks)- Analytical question
(Attempt all questions. Each questions carryequal marks)
4. Explain the scope of protection of consumer under Consumer Protection Act. write a
critical analysis
5. The tort of passing-off in complementary to trade-mark law. Examine the statement
and explain the difference between passing-off and tact of deceit.

Section D (50 marks)

College of Legal Studies July.-December. 2014
(Attempt all questions. All questions carryequal marks)
- Application Based Question
(10 marks)
6. Amit was insured with insurance company. Deductions for the same purpose were
made from his salary by the employer and deposited in insurance co.. Amits wife got
ill and was admitted in insurance companys dispensary for her treatment. However
the condition of his wife continued to deteriorate. Later, the appellant got his wife
medically examined in another hospital, reports of which revealed that his wife had
been diagnosed incorrectly in the dispensary of insurance company and that the
deterioration in the condition of his wife was a direct result of the wrong diagnosis.
Amit sued the insurance company under the consumer protection Act. Decide, with the
help of cases laws and also suggest what type of damages should be granted to him?
(10 marks)
7. A bus collided against a tree which caused tyre burst in the rear wheel, causing injury
to a passenger. Owner took the defence, that the tyre was in good condition and that
the burst was a vi major. Decide. And also describe the method of compensation
calculation?
(30 marks)
8. Employer hired Driver to operate a delivery van. Before allowing Driver to operate the
van, Employer checked Drivers prior job references, required Driver to undergo a
physical examination by a medical doctor, and provided Driver with extensive training
in motor vehicle safety. Medic, the medical doctor who examined Driver, discovered
that Driver had a sleep disorder that caused Driver to spontaneously fall asleep and
that Driver had on several occasions fallen asleep while driving. Driver pleaded with
Medic not to inform Employer of the sleep disorder. Medic agreed, and omitted this
information from the physical examination form that he sent to Employer. Medic also
sent a letter to Employer assuring Employer that Driver was in all respects fit for
employment as a delivery van operator. Employer then provided Driver with a daily
delivery route and paid him a monthly salary.
While Driver was making deliveries for Employer, the van left the road and struck
Pedestrian, who suffered severe injuries as a result. Pedestrian filed a lawsuit for the
damages as a result of the injuries sustained in the accident against Driver, Employer,
and Medic.
a. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Drivers
alleged negligence? Discuss.
b. What arguments will Pedestrian make in support of his claims of negligence, what
defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed
by Pedestrian against:
i. Employer? Discuss.
ii. Medic? Discuss

INSTRUCTIONS TO STUDENTS
ON ASSIGNMENT SOLVING
1. All the questions of the assignment must behandwritten.

College of Legal Studies July.-December. 2014
2. To answer your assignment questions you need to access multiple information sources
like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.

3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers
should capture and depict the current contemporary information.

4. As a student of Law, we encourage to have a contrary point of view. But do ensure
that you can provide a logical justification to this view supported by verifiable facts,
figures, statues and decided cases by various higher courts.

5. Caution: Remember to provide original answers only as your Assignment
submissions will be run through an anti-plagiarism software (Turnitin).

Annexure-II

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words
It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words

2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chpterisation

3. Submission of Final Project report after approval of synopsis.
a. Excluding the Cover page, index page and bibliography the main write up should
be around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both
sides
b. Project must have- Cover page stating Subject name, Title of the Project,
Supervisor name, Student details etc.

College of Legal Studies July.-December. 2014
c. Students have to follow a uniform method of citation (the suggested method is
Blue Book 19
th
Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.

4. The project work shall
a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the students capacity for critical examination and judgment;
and
e. Be satisfactory in presentation so far as language, style and form are concerned

5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and
the portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in
collaboration with othe rs.
6. A certificate to the effect that the project work carried out by the student independently
or in collaboration with other student(s) endorsed by the student shall form the part of
the submission for evaluation.

7. Every student who spends a specified period of time in an
industry/organization/institute for reasons of work related to his/her project work, with
prior permission from the Coordinator concerned will explicitly acknowledge working
in the relevant industry/organization/institute.

8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software
will necessarily be as per the standards prescribed by the university. If the report is
below standards the supervisor will reject the project and award zero marks.

9. The following Project topics should be taken Roll No. wise by the students in the
class.


Project topics

R450213002 Aalekh Jain
Intention and tort
liability
R450213004
Aashna
Bhargava
origin and importance of law of torts in India
R450213006 Abhinav .
Damage as a constituent of Tort Law
R450213008
Adarsh Raj
Singh
Mental Elements essentiality in Tort

College of Legal Studies July.-December. 2014
R450213009
Aditya
Kumar
Malfeasance, Misfeasance and Nonfeasance in Tort Law
R450213010 Ahmar Abrar
Suits against Corporations Emphasis on case law development
in UK and India
R450213011
Aishwary
Bajpai
Act of God as a defence
R450213012
Aishwarya
Pophali
defence of inevitable accident;
R450213013 Akash Gupta
Analysis of the eggshell skull theory
R450213016 Ambuj Tiwari
Novus actus interviens
R450213017
Ananya
Badsha
remoteness
R450213018 Ankit Kumar
Case law jurisprudence on the concept of Sovereign Immunity
in India
R450213019 Ankit Kumar
Case study : State of Rajasthan v. Vidyawati, and other
R450213020
Anubha
Pandey
Public Law Wrongs
R450213021
Anushka
Trivedi
Case study: Bhim Singh v. State of J&K,
R450213023
Aparna Singh
Sengar
Volenti Non Fit Injuria as a justification Concentration to be on
both UK and Indian cases
R450213024 Aratrik Das
Necessity as a defence under Tort law
R450213026 Arpit Arora
Private v. Public necessity- judicial interpretation
R450213028
Arunima
Shastri
maxim Salus populi suprema lex : analysis
R450213029
Arushi
Pandey
Accord and Satisfaction resulting in discharge of tort claim
R450213030
Ashmika
Agrawal
Whittling down of control test in relation to determining
Master-servant relationship
R450213033
Chandreyee
Maitra
An analysis of the constituents of false imprisonment
R450213035
Debajyoti
Chakravarty
Newspaper Libel Case law in India are there landmark SC
decisions?
R450213036 Debolina Roy
Innuendo impact of decisions of UK courts on Indian courts
R450213037
Deeptanshu
Mishra
Truth as a defence to an action of defamation
R450213038
Devesh
Dhasmana
Privilege as a defence to a defamation suit Student needs to
narrow down the scope
R450213040 Divyanshu
Malicious Prosecution

College of Legal Studies July.-December. 2014
Gupta
R450213041 Ebad Khan
The tort of Malicious Falsehood Case law approach
R450213044 Himani Singh
Development of the tort of Conspiracy in india
R450213047
Ishan
Dhengula
Assault and Battery concept and distinction
R450213048 Ishani Singh
Damages for Nervous Shock Case law development in India
R450213051 Jessica Jacob
The tort of Intimidation as expressed in Rooks v.Barnard (1964)
1 All ER 367
R450213052 Kajal Kumari
Tort of Defamation : its multi-dimensional scope
R450213053
Kanak
Dhanai
Case analysis: R. Rajagopal v. State of Tamil Nadu, AIR 1995
SC
R450213054
Kanika
Chhabra
Case analysis - Hyderabad v. Canara Bank, AIR 2005 SC 186
R450213057 Kirti Mishra
Tort of continuing trespass: jurisprudential study
R450213058
Komal
Srivastava
Tort of Dispossession
R450213059
Krishnam
Pandey
Tort of Conversion of goods
R450213060 Kriti Ranjan
Caparo Industries v. Dickson, (1990) 1 All ER 568 an
appraisal
R450213062
Kshitij
Vaibhav
Contributory Negligence
R450213064
Loveleen
Mishra
Principle of Res Ipsa Loquitor with respect to the tort of
negligence
R450213065
Manisha
Yadav
Exceptions to the rule in Rylands v. Fletcher : position in India
R450213066 Mansi Tiwari
Occupiers Liability and Duty laid on him
R450213067
Medha
Bhadauria
Constituents of the tort of Nuisance
R450213068 Neha Rani
Economic Torts An introduction
R450213069
Nikhil
Pandey
Cyber Torts An Introduction
R450213072
Nishtha
Singh
Award of Damages Approach of Indian Courts
R450213073 Nupur Gupta
Consumers rights : a comparative study
R450213074 Oorja Bhogal
Medical negligence: a jurisprudential aspect
R450213075 P.Surya Teja
Tortious liability of professionals

College of Legal Studies July.-December. 2014
R450213077 Parul Baghel
Exemplary damages : a way to teach society
R450213078
Poorva
Rathore
Liability of state for the act committed by its officer
R450213079
Prashaant
Malaviya
Torts against Business
R450213080
Prashant
Singh
Doctrine of contributive Negligence: analysis
R450213082
Prateek
Semwal
Professional liability due to Negligence with special reference
to consumer protection law.
R450213083 Pratyush .
Liability under Motor Vehicle Act
R450213084 Prerna Tara
Nuisance by obstructions of highways: case study
R450213085 Raheel Ali
Judicial process in Tort
R450213087
Reeya
Mishra
product liability: Indian position
R450213089
Rishabh
Shrivastava
Right to common property resources-right to pass and repass on
pathways
R450213090
Rishindra
Vikram Singh
Doctrine of sovereign immunity and its relevance in India
R450213091
Roohan
Kahuria
Death by negligence : position in India
R450213092
Rushil
Aggarwal
Product Liability
R450213093
Saloni
Rastogi
Polluter Pays
R450213095
Samridhi
Sharma
Medical Negligence
R450213096
Sanchita
Chaturvedi
Hospital Waste Management
R450213097
Sansha
Mahajan
MV Accident Compensation calculation
R450213098
Saptarshi
Bhuyan
Industrial Negligence
R450213099 Shami Anjali
Public nuisance
R450213100 Shantanu .
Medical termination of Pregnancy
R450213101
Shashank
Sharma
Constitutional Tort
R450213104 Shilpi Sahu
Class Action and its applicability under law of torts
R450213106
Shivansh
Agrawal
Deficiency of professional Service
R450213107
Shivanshu
Shrivastava
Common Employment
R450213108 Shrey
Public Utilities

College of Legal Studies July.-December. 2014
Prakash
R450213109
Shreya
Tandon
Remoteness
R450213110
Shriya
Pandey
Sound Pollution
R450213111 Shruti Sahni
Industrial effluence
R450213112 Sonali Singh
Privacy of the public men
R450213113
Soumya
Kumar
Process liability
R450213115
Sukanya
Mitra
Third Party Liability
R450213116 Surabhi Dhir
Domestic violence
R450213118
Ujjwal Kumar
Sachan
Doctrine of Heavy Purse
R450213119
Utkarsh
Kumar Shah
Neighbours liability
R450213120
Utkarsha
Srivastava
Ganga Pollution
R450213121
Vidisha
Swarup
Present Position of people suffering in Bhopal Tragedy
R450213122 Vivek Kumar
Coastal Pollution
R450213123 Yash Dubey
Vicarious Liability in Contract for Service and Contract of
service
R450213129
Abhishek
Sinsinwar
Air accident Compensation
R450213131
Drishti
Saxena
Popularity of Tort cases in India
R450213133 Parima Garg
Time study for MVA cases
R450213136
Shweta
Hundet
Mental element in Defamation
R450213137
Vidush
Pandey
consumer protection law - a critical analysis
R450213138
Yogendra
Singh
capacity under law of torts
R450213139 Aman Gupta defence of consent - its limitations
R450213140 Vishal Rathi Analysis of the common cause - a registered society case
R450213141
Sushant
Kumar
Saxena
Deficiency of professional Service
R450213142
Aayushi
Verma
Common Employment
R450213144 Aprajita
Public Utilities

College of Legal Studies July.-December. 2014
Karki
R450213145
Devanshi
Singh
Remoteness
R450213146 Pallavi Singh
Sound Pollution
R450213148
Abhishek
Anand
Industrial effluence
R450213149
Tushar
Krishnani
Privacy of the public men
R450213150
Humza
Imtiaz
Process liability
R450213151 Eshita Sand
Third Party Liability
R450213152
Akshay
Pratap Singh
Tortious liability of professionals
R450213153 Anuj Dewan
Exemplary damages : a way to teach society
R450213154
Suraj Raj
Kesharwani
Liability of state for the act committed by its officer
R450213155 Rama Ponagi
Torts against Business
R450213156
Vidhi
Agrawal
Doctrine of contributive Negligence: analysis
R450213157 Vijay Mishra
Professional liability due to Negligence with special reference
to consumer protection law.
R450213159
Pulkit
Rastogi
Principle of Res Ipsa Loquitor with respect to the tort of
negligence
R450213160
Prashan Rao
Malik
Exceptions to the rule in Rylands v. Fletcher : position in India
R450213161
Rashmi
Shukla
Occupiers Liability and Duty laid on him
R450213162 Palash Kalra
Constituents of the tort of Nuisance
R450213163
Anshekka
Gambhir
Economic Torts An introduction