Law of Torts Notes, Case Laws and Study Materials

The concept of the Law of Torts is to redress a wrong done to a person and provide relief from the wrongful acts of others. A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.

Module – I  Nature & Definition of Tort

1. History & Evolution of Law of Torts
2. Nature and Scope of Law of Torts
3. Meaning and Essential Elements of Tort
4. Types of Torts
5. Difference Between Tort and Crime
6. Difference Between Tort and Contract
7. Difference Between Tort and Quasi Contract
8. Difference Between Tort and Breach of Contract
9. Ubi jus ibi remedium
10. Winfield Theory of Law
11. Pigeon Hole Theory
12. Mental Element in Tortuous Liability
13. Intention, Motive, Malice in Law and in Fact
14. General Defences in Tort – Volenti Non-Fit Injuria, Plaintiff the wrongdoer, Inevitable accident, Act of God, Private Defence, Mistake, Necessity, Statutory authority

Module – II Negligence, Nuisance & Nervous Shock

1. Meaning, Essentials of Negligence
2. Kinds of Negligence – Contributory & Composite
3. Res Ipsa Loquitur (Proof of Negligence)
4. Defences of Negligence & Professional Liability for Negligence
5. Meaning, Essentials of Nuisance
6. Kinds of Nuisance – Public & Private Nuisance
7. Defences to Nuisance
8. Absolute and Strict Liability
9. Legal Remedies
10. Remoteness of Damage
11. Nervous Shock

Module – III Defamation, Trespass, Malicious Prosecution

1. Meaning & Essentials of Defamation
2. Defences to Defamation
3. Libel and Slander
4. Difference Between Civil Defamation and Criminal Defamation
5. Trespass in Law of Torts
6. Trespass to Person – Assault, Battery, Mayhem and False Imprisonment
7. Difference Between Assault and Battery
8. Trespass to Property
9. Trespass to Goods– Detinue, Conversion
10. Malicious Prosecution Meaning
11. Malicious Civil Action and Abuse of Legal Process
12. Torts against Person
13. Torts against Property
14. Torts Affecting Domestic and Other Rights – Marital Rights, Parental Rights, Right to Service, Contractual Rights, Intimidation and Conspiracy

Module – IV Strict, Absolute & Vicarious Liability

1. Strict / No Fault Liability
2. The rule in Rylands v Fletcher & its applicability in India
3. Rule of Absolute Liability (Rule in M.C Mehta Case)
4. Strict and Absolute Liability – Essentials and Exceptions
5. Meaning & Principles of Vicarious Liability and Vicarious Liability of State
6. Difference Between Servant and Independent Contractor

Module – V Remedies under the Law of Torts

1. Remedies under the Law of Torts
2. Remoteness of Damage
3. Occupier’s Liability for Dangerous Premises
4. Injuria Sine Damnum
5. Damnum Sine Injuria
6. Qui facit allum facit perse

Referred Books

1. Law of Torts
2. Law of Torts by R.K. Bangia
3. Torts by Ratanlal & Dhirajlal