NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE I Year I Trimester B.A., LL.B (Hons.) Degree Programme TORTS I PROJECT TOPICS

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1 Sl. No. ID No Project Topic Comments Basically to explain the issue of mental element and Intention and tort liability then compare how relavent it is in civil and criminal liability (including tortious liability) Law of Tort or Law of Torts? Debate between authorities to be brought out to justify the stand the researchers would take Analysis of the term wrongful act as a constituent of a tort claim Damage as a constituent of Tort Law Mental Elements essentiality in Tort Need to explain legal right and violation thereof authorities like Austin and Salmond on Jurisprudence may be referred Concept of damage as an ingredient of a tort claim; concepts of injuria sine damno and damnum sine injuria researchers are expected to explain the relevant concepts along with case law illustration This topic may be divided into two separate topics for two different papers, viz., injuria sine damno and damnum sine injuria, should the scope be felt to be too broad Concepts of malice, intention, negligence and recklessness explained and distinguished with help of illustration can be found in Ratanlal and Dhirajlal, and Harry Street on Torts

2 Malfeasance, Misfeasance and Nonfeasance in Tort Law Case law development in India can be looked at, if possible, to illustrate distinctions further Suits against Corporations Emphasis on case law development in UK and India Act of God as a defence Analysis of the eggshell skull theory Difference with inevitable accident; difference between Force Majeure and Vis Major; look at Continental law approach, if possible Novus actus interviens Case law jurisprudence on the concept of Sovereign Immunity in India Public Law Wrongs Volenti Non Fit Injuria as a justification Necessity as a defence under Tort law Accord and Satisfaction resulting in discharge of tort claim Whittling down of control test in relation to determining Master-servant relationship Intervening acts or events as a plea contending remoteness Discussion on Peninsular & Oriental Ship, Kasturilal Ralia Ram, State of Rajasthan v. Vidyawati, and other landmark cases; tracing whether there has been any recent development An analysis of landmark SC decisions (Nilabati Behara, DK Basu, Rudul Shah, Bhim Singh v. State of J&K, Chandrima Das (This last case said cases under A. 226 awarding compensation are in the realm of tort, hence) etc. Concentration to be on both UK and Indian cases Private v. Public necessity- case law in India; discussion of maxim Salus populi suprema lex while discussing public necessity Explaining the concept; concentration on later developments too

3 An analysis of the constituents of false imprisonment Total restraint must be necessary Detention must be unlawful Cases like Bird v. Jones, Merring v. Graham White Aviation, Herring v. Boyle, and others also to look at case law development in India, if any Newspaper Libel Case law in India are there landmark SC decisions? Innuendo meaning and scope of Truth as a defence to an action of defamation Case law development in UK - Have UK decisions impacted Indian courts? Privilege as a defence to a defamation suit Student needs to narrow down the scope Malicious Prosecution Emphasis on how the student can achieve brevity in describing the scope The tort of Malicious Falsehood Case law approach The tort of Conspiracy Assault and Battery concept and distinction Discussion of Quinn v. Leatham, Mogul Steamship Co., Rohtas Industries etc., and looking at further development Emphasis of development of case law jurisprudence in India Refer R&D and P.S.A. Pillai Damages for Nervous Shock Case law development in India The tort of Intimidation as expressed in Rooks v. Barnard (1964) 1 All ER 367

4 Tort of Detention R. Rajagopal v. State of Tamil Nadu, AIR 1995 SC 264 right to privacy explained Further development of the tort in Collector, Hyderabad v. Canara Bank, AIR 2005 SC Tort of continuing trespass To look at case law jurisprudence in India Tort of Dispossession Tort of Conversion of goods Test of Foreseeability and Proximity with respect to the tort of negligence Caparo Industries v. Dickson, (1990) 1 All ER 568 an appraisal Contributory Negligence Principle of Res Ipsa Loquitor with respect to the tort of negligence Exceptions to the rule in Rylands v. Fletcher Every case of trespass does not amount to dispossession; Indian cases to be found where trespass has been held not amounting to dispossession Difference between conversion and trespass; elements of the tort; case law development etc. topic may be narrowed down As laid down in Donoghue v. Stevension and other cases; subsequent development Dealt with just and reasonable as a development from test of foreseeability; what has been case law development in India is a common question for both topics 33 and 34 Emphasis on what is the burden on the plaintiff, how much should he establish to contend prima facie case? Broad topic R&D on Torts lists 5 exceptions special emphasis on case law in India Occupier s Liability and Duty laid on him Discussion of relevant case law

5 Concept of Absolute Liability as laid down in M.C. Brief background to the case, Bhopal Gas Tragedy, Mehta v. Union of India AIR 1987 SC 1086 Oleum Gas leak, subsequent development Constituents of the tort of Nuisance What are the elements involved which need to be proved? Economic Torts An introduction Cyber Torts An Introduction Award of Damages Approach of Indian Courts Additional Topic 1. Tort Law and Statutes Understanding the interface (NANDIMATH OMPRAKASH V) Course Teacher

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