Tort & Consumer Protection Law | Mumbai University | Syllabus

1. Introduction to Law of Torts

(a.) Definition, Nature, Scope and Objects
(b.) A wrongful act, violation of duty imposed by law, duty which is owed to people
generally (in rem) – damnum sine injuria and injuria sine damnum.
(c.)Tort distinguished from crime and breach of contract
(d.) The concept of unliquidated damages, Changing scope of law of torts: expanding character of duties owed to the people generally due to complexities of modern society
(e.)Objects – prescribing standards of human conduct, redressal of wrongs by payment of
compensation, proscribing unlawful conduct by injunction.

2. Principles of Liability in Torts

(a.) Fault:
(b.) Wrongful intent
(c.) Negligence
(d.) Liability without fault
(e.) Statutory liability:
(f.) Place of motive in torts

3. Justification in Tort

(a.) Volenti non fit injuria
(b.) Necessity, private and public
(c.) Plaintiff’s default
(d.) Act of God
(e.) Inevitable accident
(f.) Private defence
(g.) Statutory authority
(h.) Judicial and quasi-judicial acts
(i.) Parental and quasi-parental authority

4. Extinguishments of liability in certain situations

(a.) Actio personalis moritur cum persona – exceptions
(b.) Waiver and acquiescence
(c.) Release
(d.) Accord and satisfaction
(e.) Limitation

5. Doctrine of sovereign immunity and its relevance in India.

6. Vicarious Liability

(a.) Basis, scope and justification
(b.) Express authorization
(c.) Ratification
(d.) Abetment
(e.) Special Relationships:
Master and servant, arising out of and in the course of employment, who is master?,the control test, who is servant?, borrowed servant, independent contractor and servant distinguished,
Principal and agent,Corporation and principal officer

7. Torts against persons and personal relations

(a.) Assault, battery, mayhem
(b.) False imprisonment
(c.) Defamation – libel, slander including law relating to privileges
(d.) Marital relations, domestic relations, parental relations, master and servant relations
(e.) Malicious prosecution
(f.) Shortened expectation of life
(g.) Nervous shock

8. Wrongs affecting property

(a.) Trespass to land, trespass ab initio, dispossession
(b.) Movable property – trespass to goods, detinue, conversion
(c.) Torts against business interests – injurious falsehood, misstatements, passing off

9. Negligence

(a.) Basic concepts
(b.) Theories of negligence
(c.) Standards of care, duty to take care, carelessness, inadvertence
(d.) Doctrine of contributory negligence
(e.) Res ipsa loquitur and its importance in contemporary law
(f.) Liability due to negligence: different professional
(g.) Liability of common carrier for negligence
(h.) Product liability due to negligence: liability of manufacturers and business houses for their products

10. Nuisance

(a.) Definition, essentials and types
(b.) Acts which constitute nuisance – obstructions of highways, pollution of air, water,
noise, and interference with light and air.

11. Absolute / Strict liability

(a.) The rule in Rylands v. Fletcher
(b.) Liability for harm caused by inherently dangerous industries

12. Legal remedies

(a.) Legal remedies:
(b.) Award of damages – simple, special, punitive
(c.) Remoteness of damage – foresee ability and directness
(d.) Injunction
(e.) Specific restitution of property
(f.) Extra-legal remedies – self-help, re-entry on land, re-caption of goods, distress damagfeasant and abetment of nuisance.

13. Consumer movements: historical perspectives

(a.) Common law protection: contract and torts
(b.) Consumerism in India: food adulteration, drugs and cosmetics – essential commodities

14. Consumer, the concept

(a.) General Perspectives
(b.) Statutory and government services: to be included or not?
(c.) Definition and scope: the Consumer Protection Act 1986 (CPA)
(d.) Who is not a consumer?

15. Unfair Trade Practices

(a.) Misleading and false advertising
(b.) Unsafe and hazardous products
(c.) Disparaging competitors
(d.) Business ethics and business self-regulation
(e.) Falsification of trade marks

16. Consumer of goods

(a.) Meaning of defects in goods
(b.) Standards of purity, quality, quantity and potency
(c.) Statutes: food and drugs, engineering and electrical goods

17. Supply of essential commodities

(a.) Prescribing standards of quality – BIS and Agmark

18. Consumer Safety

(a.) Starting, distribution and handling of unsafe and hazardous products
(b.) Insecticides and pesticides and other poisonous substances

19. Service

(a.) Deficiency – meaning
(b.) Professional services
(c.) Medical services
(d.) How to determine negligence
(e.) Violation of statute
(f.) Denial of medical service: violation of human rights
(g.) Lawyering services: duty-towards-court and duty-to-client dilemma, break of
confidentiality – negligence and misconduct.
(h.) Public Utilities
(i.) Supply of electricity
(j.) Telecommunication and postal services
(k.) Housing
(l.) Banking

20. Commercial services

(a.) Hiring
(b.) Financing
(c.) Agency Services

21. Enforcement of consumer rights

(a.) Consumer for a under CPA ; jurisdiction, powers and functions
(b.) Execution of orders
(c.) Judicial review
(d.) PIL
(e.) Class action
(f.) Remedies
(g.) Administrative remedies

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