SCHOOL OF LEGAL STUDIES CENTRAL UNIVERSITY OF KASHMIR

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1 SCHOOL OF LEGAL STUDIES CENTRAL UNIVERSITY OF KASHMIR CURRICULUM TRANSACTIONAL STRATEGY (CTS) IL-205 Law of Torts and Motor Vehicles Act Prepared by Gulafroz jan Assistant Professor School of Legal Studies Central University Of Kashmir The objective of this paper is to familiarise the learner with the basic elements of basic tort law, its historical development, fundamental principals relating to tortuous liability and general defences available under law of torts. The paper also imparts an understanding of some specific torts like Trespass, Nuisance, Negligence,Malicious prosecution etc. Moreover the paper will highlight the main provisions of Motor vehicles Act and composition jurisdiction and powers of motor accidents claims tribunal.

2 Unit 1: Introduction and Principles of Liability in Tort. Unit Topic Method I General introduction and overview of law of torts Origin of law of Torts, History and development of law of torts in England and its introduction and development in india Nature, definition and Constituent elements of tort. Injuria sine Damnum & Damnum sin Injuria - Judicial approach Pegion hole theory and Growing tree theory. Mental Element in Tortious liability Classification of torts on the basis of liability and Concept of strict liability and its defences and concept of absolute liability Concept of vicarious liability and tests to determine the relation of master and servant traditional approach and modern development Vicarious liability of state **Learning Outcomes Lecture, PPT, Discussion No. of classes needed Do 02 Do 05 Do 01 Do 02 Do 03 Do 02 Learning Outcomes (LO)** 01 LO-1 (1.1) LO-1 (1.2) LO-1 (1.3,1.4,1.6) LO-! (1.7,1.8) LO- 1&2 (1.5,2.1,2.2,2.3,2.4,2.5) LO-3 (3.1,3.2) LO-3 (3.3)

3 After going through this unit student shall be able to: Learning Outcome 1 Analyse the term tort, determine those affected by the law of tort and assess the aims and rationale behind the law of tort. 1.1 Determine and specify the nature and meaning of the term tort. 1.2 Examine the historic origin and development of tort law. 1.3 Distinguish tort from crime, breach of contract, trust or other obligations. 1.4 Examine the nature of the interests protected by the law of torts. 1.5.To discuss nature of liability in tort law and kinds of tort on the basis of liability. 1.6 To explain various constituent elements of law of torts and role of judiciary. 1.7 To understand the importance of motive and intention in torts and latest judicial trend 1.8 distinction between malice in law and malice in fact. Learning Outcome 2-2.1Analyse principles of strict liability and absolute liability 2.2 Determine the principles of strict liability in light of decided cases. 2.3 Compare strict liability with fault based liability. 2.4 Analyse the available defences to a strict liability claim. 2.5 discuss the evolution and principle of absolute liability in India in light of relevent cases. Learning Outcome Analyse the principle of vicarious liability 3.2 Discuss the traditional and modern tests to determine the master servant relation. 3.3 Discuss the concept of vicarious liability of state and the latest judicial approach in redefining the doctrine. Activities and Assessment Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, and may include: written tests Class discussion Case analysis on the basis of judgments of English and Indian judiciary Assignments Preparation of assignment Preparation of PPT for presentation in the class. Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. References: 1. The Law of Torts: A Treatise on the principles of Obligations Arising From Civil wrongs In The Common.Fedrederick Pollock. 2.R,K.Bhangia,The Law of Torts,(Alahabab Law Agency)22nd Ed 2010 reprint Ratanlal and Dhirajlal, Law of Torts, (Wadhwa, Nagpur, 24th Ed., 2002)

4 4.Avtar Singh,& Harpreet Kaur,Introduction to law of Torts and Consumer protection,3rd Edition,Lexis Nexis 5. B.M. Gandhi,Law of Torts, Eastern Book Company Clerk and Lindsell, Clerk & Lindsell on Torts, (Sweet & Maxwell, London, 17th Ed., 1999). 7. J.P.Singh, Law of Torts,26th Edition,Lexis Nexis 8 Subhyanka Rao, Vicarious Liability of the State. RMLNLU September 5, ) Margaret Brazier and John Murphy, Street on Torts, (Butterworths, London Edinburgh Dublin, 10th Ed., 1999) Unit 2- General Defences Units Topic Method II Concept of defence under law of Torts general overview of general defences avaliable to a person liable for tort Doctrine of Volenti non fit Injuria and judicial approach Exceptions to the Doctrine of Volenti non fit Injuria Defences of Inevitable accident, Act of God,Plaintiff the wrong doer and statutory authority Lecture, PPT, Discussion No. of Classes Needed 01 Learning outcomes (LO) ** LO-4 (4.1,4.2) Lecture, PPT, Discussion. 02 LO-4 (4.3,4.4) LO-4 Do 02 (4.5) Do 04 LO-4 (4.6,4.7,4.8) Learning Outcomes 4 After going through this unit, you will be able to: 4.1 Analyse what defence means under law of torts 4.2 Discuss in detail various general defences available to a person who has committed a tort 4.3 Explain the concept ot volenti non fit injuria as a general defence in tort discuss 4.4 Explain the various essential elements in light of judicial pronouncements.

5 4.5 discuss in detail the exceptions available to the doctrine of volenti non fit injuria 4.6 explain the concept of Act of God and inevitable accident and to discuss the relevent case law 4.7 Aanalyse the distinction between Act of God and inevitable accident 4.8 explain the the defences of Plaintiff the wrongdoer and statutory authority in light of the decided cases. Activities and Assessment Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, and may include: written tests Class discussion Critical analysis of various judgments Assignments Preparation of assignment Preparation of PPT for presentation in the class. Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. References : 1. Ratanlal and Dhirajlal, Law of Torts, (Wadhwa, Nagpur, 24th Ed., 2002) 2.Avtar Singh,& Harpreet Kaur,Introduction to law of Torts and Consumer protection,3rd Edition,Lexis Nexis 3. B.M. Gandhi,Law of Torts, Eastern Book Company Clerk and Lindsell, Clerk & Lindsell on Torts, (Sweet & Maxwell, London, 17th Ed., 1999). 5. J.P.Singh, Law of Torts,26th Edition,Lexis Nexis. 6. Margaret Brazier and John Murphy, Street on Torts, (Butterworths, London Edinburgh Dublin, 10th Ed., 1999)

6 Unit III : Specific Torts Units Topic Method III Essentials of tort of Defamation Lecture, PPT, Discussion No. of Classes Needed 02 Defences applicable Do 02 Negligance : an overview, Essentials of tort of Negligance Defences Res ipsa loquitur Contributory negligence Trespass : conceptual analysis Trespass to person :Assault, Battery and False imprisonment Do 05 Do 03 Trespass to property Do 01 Learning outcomes (LO) ** LO-5 (5.1,5.2,5.3) LO-5 (5.4,5.5,) LO-6 (6.1,6.2,6.3,6.4, 6.5,6.6) LO-7 (7.1,7.2,7.3,7.4,7.5) LO-8 (8.1,8.2,8.3) Learning Outcome-5 Analyse, evaluate and specify the elements of defamation, analyse the possible defences to a defamation action and developments in relation to protection of privacy. Assessment criteria 5.1 Analyse the relevant principles of defamation law. 5.2 Defamation as Crime and as a tort 5.3 Evaluate and define the elements of defamation. 5.3 Identify and outline the defences to a defamation action at common law and in legislation. 5.4 Determine the possible remedies to a defamation action: Types of damages Injunction Impact of an apology and offers to make amends 5.5 Examine the developments in relation to the protection of privacy Learning Outcome- 6

7 Analyse the elements of negligence, determine possible defences to a negligence action and examine damages recoverable in a negligence action Assessment criteria 6.1 Define the term negligence and analyse its concepts.essentials of negligance as a tort duty of care of defendent and standard of care by defendent 6.2 Examine possible defences to a negligence action. 6.3 Evaluate means of proving negligence including burden of proof, standard of proof, the use of expert evidence and application of the res ipsa loquitur concept. 6.4 Examine the nature of damages that may be obtained in a negligence action. 6.5 Analyse legislative limits on negligence actions including thresholds, limitation periods and reduced liability in defined circumstances 6.6 doctrine of contributory negligance and its distinction from composite negligance Learning Outcome- 7 Analyse the law relating to the intentional tort of trespass to the person. Assessment criteria 7.1 Define the term assault and identify its elements in tort law. 7.2 Define the nature of battery and identify its elements in tort law. 7.3 Define false imprisonment and identify its elements in tort law. 7.4 Identify the elements of intentionally causing harm in tort law. 7.5 Evaluate the possible defences to trespass to the person. Learning Outcome - 8 Analyse and assess intentional torts relating to interference with interests in goods. Assessment criteria 8.1 Differentiate between the elements of the torts of trespass to goods, conversion and detinue and identify the respects in which these torts overlap. 8.2 Examine the nature of the remedies available to a successful plaintiff in trespass to goods, conversion and detinue 8.3 Examine the elements of and defences to the intentional tort of trespass to land.. Activities and Assessment Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, and may include: written tests Class discussion Case analysis on the basis of judgments of English and Indian judiciary Assignments Preparation of assignment Preparation of PPT for presentation in the class.

8 Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met. Refrences: 1. The Law of Torts: A Treatise on the principles of Obligations Arising From Civil wrongs In The Common.Fedrederick Pollock. 2.R,K.Bhangia,The Law of Torts,(Alahabab Law Agency)22nd Ed 2010 reprint Ratanlal and Dhirajlal, Law of Torts, (Wadhwa, Nagpur, 24th Ed., 2002) 4.Avtar Singh,& Harpreet Kaur,Introduction to law of Torts and Consumer protection,3rd Edition,Lexis Nexis 5. B.M. Gandhi,Law of Torts, Eastern Book Company Clerk and Lindsell, Clerk & Lindsell on Torts, (Sweet & Maxwell, London, 17th Ed., 1999). 7. J.P.Singh, Law of Torts,26th Edition,Lexis Nexis Unit IV -Specific Torts Unit Topic Method IV Malacious prosecution Essential elements Definition of Prosecution and Role of malice Nuisance Concept and essentials Public and Private Nuisance Defences avaliable Lecture, Discussion/PPT No. of classes needed 04 Do 02 Do 04 Do 03 Learning Outcomes(LO) LO-9 (9.1) LO-9 (9.2) LO-9 (9.3,9.4) LO-9 (9.4,9.5) Learning outcomes-9 After going through this unit you should be able to: 9.1 Explain intentional torts and Discuss the various essential elements of Malicious Prosecution 9.2 Discuss in light of various Judicial pronouncements as what amounts to prosecution and role of malice in malicious prosecution

9 9.3 Aznalyse the elements of torts designed to protect interests in land. 9.4 Analyse the tort of private nuisance and distinguish from the tort of public nuisance. 9.5 analyse varioue effectual and ineffectual defences avaliable to tort nuisance. 9.6Identify the remedies available for interference with interests in land. Activities 1. Preparation of assignment; 2. Discussion on various judicial pronouncements 3. Preparation of PPT for presentation in the class; References: 1. Fowler V. Harper, Malicious Prosecution, False Imprisonment and Defamation, Yale LLaw School Legal Scholarship Repository 2. R,K.Bhangia,The Law of Torts,(Alahabab Law Agency)22nd Ed 2010 reprint Ratanlal and Dhirajlal, Law of Torts, (Wadhwa, Nagpur, 24th Ed., 2002) 4. Avtar Singh,& Harpreet Kaur,Introduction to law of Torts and Consumer protection,3rd Edition,Lexis Nexis 5. B.M. Gandhi,Law of Torts, Eastern Book Company Clerk and Lindsell, Clerk & Lindsell on Torts, (Sweet & Maxwell, London, 17th Ed., 1999). 7. J.P.Singh, Law of Torts,26th Edition,Lexis Nexis. Unit 5 Motor Vehicles Act 1988 Unit Topic Method Objectives,introduction, History of the Motor Vehicles Act, 1988 Definitions and its Salient Features Lecture, Discussion/PPT No. of classes needed 02 Learning Outcomes(LO) LO-10 (10.1,10.2,10.3) V Principle of No fault Liability, Compensation in Hit And Run cases, Do 02 LO-10 (10.4,10.5,10.6, 10.7) Compensation on

10 structured formula 1.0 Third party Insurance 2.0 Requirement and limits of Third Party Insurance Liability and defenses available to Insurer 1.0 Motor Accidents Claims Tribunal Under Motor Vehicles Act, Compensation under MVA 1988 Do 03 Do 03 LO-10 (10.8,10.9,10.10) LO-10 (10.11,10.12) Learning outcomes-10 After going through this unit you should be able to: 10.1 Give a brief account of historical background behind the Motor Vehicle Act Throw some light on the object, scope and definitional aspect of Motor vehicle Act The Silent features of the Motor Vehicle Act Elaborate the principle of No fault Liability Under MVA Discuss the scheme of compensation in Hit And Run Cases The procedure for Payment of compensation on the basis of structured formula under MVA Analyse the Concept by Third Party Insurance cover 10.9 Discuss the requirements of Third party Insurance Elaborate the defenses and liabilities of the Insurer in Third Party Insurance Discuss the Constitution Of Claims Tribunal,its Powers Of Civil Courts,Application For Compensation Analyse the Jurisdiction, Assessment Of Compensation,and Award Of Claims Tribunal Activities 1. Preparation of assignment; 2. Discussion on various judicial pronouncements References: 1. Bangia R K (1997) : Law Of Torts Allahabad Law Agency, Faridabad. Bhatnagar, A S (2004) : Motor Accident Compensation, Orient Law House, New Delhi

11 2. Ratanlal & Dhirajlal, The Law Of Torts Nagpur, Wadhwa & Company, Singh, S.P. Law of Torts Delhi, Universal Law Publishers, The Motor Vehicle Act, 1988, Statement of Objects and Reasons Calabresi, G (1961): Some Thoughts on Risk Distribution and the Law Of Torts, Yale Law Journal, 70, pp Cooter, R D and T S Ulen (1988) : Law and Economics, second (ed), New York, Addison-Wesley. 9. Dr. R.G.Chaturvedi, Law of Motor Accident Claims and Compensation (2010)

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