SGT UNIVERSITY
SHREE GURU GOBIND SINGH TRICENTENARY UNIVERSITY
FACULTY OF LAW
PROGRAM Semester COURSE NAME COURSE
CODE
BA LLB (Hons) 5 Year 1 Law of Tort-I
Law of Tort—1
Unit-1 Nature and definition of tort
Definition and essential conditions of tort
Distinguishing tort from crime, contract, breach of trust and
quasi-contract.
Privity of contract and tortious liability
Ubi jus ibi remedium and the pigeon hole theory
Injuria sine damno and damnum sine injuria
Mental element in tortious liability; malice in law and malice in
fact
Concepts of malfeasance, misfeasance and nonfeasance
Fault as a basis of liability reasonable foresight
Damages-liquidated and unliquidated
Concept of Remoteness of damages
Concepts of strict liability, absolute liability and vicarious liability
UNIT-2 General Defences in Tort and Discharge of Torts
Volenti-non-fit injuria, Plaintiff the wrongdoer, Inevitable
accident, Act of God, Private Defence, Mistake, Necessity,
Statutory Authority, volenti-non-fit-injuria and contributory
negligence distinguished
Discharge of torts- waiver, accord and satisfaction, release,
acquiescence, res judicata, limitation period, death of parties
Unit-3 Negligence, Res ipsa loquitor and Nervous Shock
Negligence-meaning and essentials of negligence
Kinds of negligence-Contributory and composite
Res ipsa loquitor
Defences to negligence-medical and professional negligence
Nervous Shock
Unit-4 Rules of Srict Liability and Absolute Liability
Strict liability/No faulty liability
Rule in Rylands vs. Fletcher and its applicability in India
Rule of absolute liability as laid down in the Oleum Gas Leak
case( M.C. Mehta vs. Union of India, AIR 1987 S.C. 965)
Mass and toxic torts-Bhopal, Uphaar tragedies, etc.
Unit-5 Principle of Vicarious Liability
Meaning and principles of Vicarious Liability
Liability of Principal for the wrongful acts of his agent
Liability of Partners of a firm
Liability of master for wrongful act committed by the servant
Liability of the employer for the acts of Independent contractors
Vicarious liability of State
Case Law
Bhim Singh v. State of J & K and Others
Rudul Sah v. State of Bihar
Rylands v. Fletcher 1868 LR HL 330
M.C. Mehta v. Union of India 1987 1 SCC 395
Union Carbide Corporation v. Union of India AIR 1989 SC 248
Donoghue v. Stevenson 1932 SC 31
State of Rajasthan v. Mst. Vidyawati & Others AIR 1962 SC 1039
M/s Kasturilal RaliaRam Jain v. State of U.P. AIR 1965 SC 1039
Cassidy v. Daily Mirror Newspapers Ltd.
Bird v. Jones 1845 7 QB 742
Lucknow Development Authority v. M.K.Gupta, (19494) ISCC 243.
A.C. Modagi v. cCrosswell Tailor, (1991) II CPJ 586
Indian Medical Assn. v. V.P. Shantha (1995) 6 SCC 651
Consumer Unity and Trust society v. St. of Rajasthan (1991) II CPJ 56
Raj.
Poonam Verma v. Ashwin Patel (1996) 4SCC 332
Laxmi Engg. Works v. P.S.G. Indutrial Institute, AIR (1995) SC 1428
Spring Meadows Hospital v. Harjol Ahluwalia, AIR (1998) SC 1801
Morgan Stanley Mutual Fund v. Kartick Das (1994) 4SCC 225.
Suggested Reading:
1. W.V.H. Rogers, Winfield and Jolowicz on Tort, Sweet & Maxwell, 2010
(18th Edn)
2. Ratanlal & Dhirajlal, The Law of Torts, Lexis Nexis, 2013 (26th Edn)
3. B.M. Gandhi, Law of Torts with Law of Statutory Compensation and
Consumer Protection, Eastern Book Company, 2011 (4th Edn)
4. R.K. Bangia, Law of Torts including Compensation under the Motor
Vehicles Act and Consumer Protection Laws, Allahabad Law Agency,
2013
5. Ramaswamy Iyer’s , The Law of Torts, Lexis Nexis, 2007 (10th Edn)
