CONTENTS
CHAPTER 1
Nature Scope & Evolution of Law of Tort
Defining the term Tort
Principle Underlying Tort
Historical Evolution of Law of Tort
Essentials of Tort
Definition of Tort
Foundations of Tortious Liability
Comparison with other Branches of Law
Questions
CHAPTER 2
General Conditions of Liability under Tort
Maxims in Law of Torts
Injuria Sine Damnum & Damnum Sine Injuria
Injuria Sine Damnum
Damnum Sine Injuria
Ubi Jus Ibi Remedium
Mental Elements
Questions
CHAPTER 3
Limitations on Rules of Liability
1. Statutory Authority
2. Inevitable Accident
3. Leave And Licence- “Volenti non fit injurid’’
Essential Conditions for the Justification/Defence of Consent
Defence of ‘ Volenti non fit injuria’ in Doctor-Patient relationship
Limitations of ‘ Volenti non fit injuria’
4. Jus Necessitatis
5. Private Defence
6. Plaintiff the Wrong Doer: “Ex turpi causa non oritur actio”
7. De minimis non curat lex—Acts causing slight harm
8. Vis Major—Act of God
Questions
CHAPTE 4
Capacity
Persons who cannot sue
Persons who cannot be sued
Questions
CHAPTER 5
Negligence
Meaning and Definition
Kinds of Negligence
Essentials of Tort of Negligence
1. Existence of Duty i.e. duty to take care
2. Breach of Duty
3. Damages
Burden of Proof of Negligence
Res ipsa loquitur. A thing speaks for itself
Defence to Negligence
Contributory Negligence
Questions
CHAPTER 6
Strict Liability & Absolute Liability
Rationale of Strict Liability
Criteria for Strict Liability
Scope of Strict Liability
Origin of Strict Liability Rule
Essentials for the application of the Rule of Strict Liability
Exceptions to the Rule of Strict Liability
Plaintiffs Own Fault
Act of God
Consent of The Claimant
Act of Third Party
Statutory Authority
Comparative Study between Negligence, Strict Liability and Absolute Liability
Questions
CHAPTER 7
Vicarious Liability
Circumstances giving rise to Vicarious Liability
Who is the servant?
Distinction between Contract of Service and Contract in Service
In the course of Employment
Exceptions to the general rule of Master-Servant Liability
Doctrine of Common Employment
Vicarious Liability of the State
Questions
CHAPTER 8
Remoteness of Damage
Test of Reasonable Foresight
Test of Directness
Questions
CHAPTER 9
Torts Affecting Body
Assault
Battery
Assault & Battery
Mayhem
False Imprisonment
Confinement
Total Restraint
Unlawful Detention
Questions
CHAPTER 10
Trespass to Land
Trespass ab initio
Entry with licence
Remedies
Questions
CHAPTER 11
Trespass to Goods/Movable Property
Detention
Conversion
Trespass and Conversion
Conversion and Detention
Questions
CHAPTER 12 Defamation
Definition
Essentials of Defamation
Defamation: Civil & Criminal
Kinds of Defamation : Libel and Slander
Exceptions
1. Justification by Truth
2. Fair and Bona fide Comment
3. Privilege
4. Apology
Questions
CHAPTER 13
Nuisance
Essential Elements of Nuisance
Kinds of Nuisance
Public Nuisance
Private Nuisance
Elements of Private Nuisance
Kinds of Private Nuisance
Defences to the Tort of Nuisance
Questions
CHAPTER 14
Nervous Shock Under Law of Tort
Defining Nervous Shock
Historical Evolution of Law of‘Nervous Shock’
Questions
CHAPTER 15
Death in Relation to Tort
Compensation in case of Death
Questions
CHAPTER 16
General Remedies Under Law of Tort
Remedies—Extra Judicial and Judicial
Extra Judicial Remedies
Distress Damage Feasant
Abatement of Nuisance
Judicial Remedies
Damages
Injunctions
Specific Restitution of the Property
Questions
CHAPTER 17
Consumer Protection Act, 1986
Consumer Protection in Ancient India
Rights of a Consumer
Consumer
Consumer of Services
Medical Services
Consumer Protection Councils
Central Concumer Protection Council
State Consumer Protection Councils
Consumer Disputes Redressal Agencies
District Forum
Composition
Jurisdiction
Making of Complaint
Procedure
Findings of the Forum
Appeal
State Commission
Composition
Jurisdiction
Vacancy
Appeals
National Commission
Composition
Jurisdiction
Procedure
Appeal
Miscellaneous
Questions
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