TORTS COURSE OUTLINE FOR BATCH OF 2027
Sessions 1 & 2 – (4 hours) : Introduction to Tort Law: Definitions, Nature, Scope
A brief introduction to the body of law (corpus juris);
Civil wrong v. criminal wrong;
The domain of tort law;
Various attempts to define tort law;
Tort or torts – the conceptual framework.
Readings:
Ratanlal and Dhirajlal – pages 1 – 13 (stop before “Constituents of Tort”); pages 23-25. - Please
refer to Basic Readings.
Session 3 – (2 hours) - Breach of Duty & Tortious Liability
Constituent elements – ‘act’ or ‘omission’; and ‘injuria’
Injuria sine damno
Damnum sine injuria
Readings:
Ratanlal and Dhirajlal – pages 13-22 - Please refer to Basic Readings.
Ashby v White - Click here to View
Gloucester Grammar School case - Click here to view
Ushaben v Bhagyalaxmi Chitra Mandir, AIR 1978 Guj. 13 - Click here to View
Ajay Gautam v Union of India, 2015 SCC OnLine Del 6479. Decided on 07.01. 2015
- Click here to View
Mayor of Bradford v Pickles, 1895 AC 587 - Click here to View
Session 4 (2 hours)– Breach of Duty & Tortious Liability (contd.)
Sessions 5 & 6 (4 hours): General Defences
Acts of State
Judicial Acts
Statutory Authority
Inevitable Accident
Volunti Non Fit Injuria
Necessity
Private Defence
Plaintiff a Wrong-Doer
In appropriate situations, comparison of English and Indian positions in relation to the utility of these
defences in given circumstances. In addition to case law, case studies can be used to demonstrate how
defences may come into play.
Readings:
Ratanlal and Dhirajlal: Pages 85 – 96 (up to “Executive Acts”); 99 (from “statutory
Authority” – 117 (up to “Acts Causing Slight Harm”); - Please Refer Basic Readings
Allen v Gulf Oil Refining Ltd. (1981) All ER 353. - Click here to View
MC Mehta v Union of India (1987) 1 SCC 395 – to be discussed briefly to understand
the interplay between strict liability and inevitable accident as a defence. - Click here to
View
Samira Kohli v Prabha Manchanda (2008) 2 SCC 1. - Click here to View
F v West Berkshire Health Authority (1989) All ER 545 - Click here to View
Cherubin Gregory v State of Bihar AIR 1964 SC 205 - Click here to View
Bird v Holbrook (1828) 4 Bing 628 - Click here to View
Session 7 (2 hours): Vicarious Liability: Introduction and Conceptual Framework
Definition and Conceptual Framework of Vicarious Liability
Position of Vicarious Liability at England and India
Jurisprudential and policy justification for the existence vicarious liability (demystifying
‘robin-hood doctrine’);
o Concept of respdeat superior;
o Qui facit per alium facit per se;
o Concept of duty to protect others generally etc.,
Session 8 (2 hours): Master-Servant Liability
Master’s liability for servants’ action, provided the alleged act is committed in the
course of employment;
Some advanced scenarios (addressed by the courts)
o Delegation by servant;
o Servant going beyond master’s command;
o Servant working against specific prohibition;
o Servant committing criminal acts like fraud, criminal breach of trust etc.,
Readings (for Sessions 7 & 8):
Ratanlal and Dhirajlal – Pages 159-187; 189 (from “Employer and Independent
Contractor”) – 195 (upto and including “Principal and Agent”) - Click here to View
Philip Morgan, ‘Distorting Vicarious Liability’, 74(4) (2011), Modern Law Review,
555- Click here to View
Cassidy v Ministry of Health, (1951) 1 All ER 574; - Click here to View
Lloyd v Grace Smith & Co., (1912) AC 716; - Click here to View
State Bank of India v Shyama Devi, AIR 1978 SC 1263; - Click here to View
Limpus v London General Omnibus Co., (1862) - Click here to View
Bazley v Curry, (1999) 174 (4th) 45 (Supreme Court of Canada) - Click here to View
Cox v Ministry of Justice, (2016) AC 660 - Click here to View
The Christian brother’s Case, (2013) 2 AC 1; - Click Here to View
Rose v Plenty, (1976) 1 WLR 141; - Click here to View
Lister v Hesley Hall Ltd., (2002) 1 AC 215; - Click here to View
Mohamud v Wm Morrison Supermarkets Plc., (2016) AC 677 - Click here to View
Session 9 (2 hours): Vicarious Liability of State
‘State liability’ – conceptual framework, origin and contemporary developments
Application of ‘State Liability’ principle in India
o Pre-indepedence: P.O. Steam Navigations Case
o Post-independence: Constitutional provisions, Vidyawati case, Kasturilal and
onwards
Constitutional Torts
Readings:
Ratanlal and Dhirajlal – pages 48 - 72 - Click here to View
P. O. Steam Navigation Co. v Secretary of State for India in Council, (1861) 5 Bom.
HCR App. 1;
State of Rajasthan v Vidyawati, AIR 1962 SC 933; - Click here to View
Kasturilal v State of UP, AIR 1965 SC 1039; - Click here to View
Chairman Railway Board v Chandrima Das,(2000) 2 SCC 465;- Click here to View
Lucknow Development Authority v M K Gupta, (1994) 1 SCC 243; - Click here to View
Session 10 – (2 hours) – Vicarious Liability of State (contd.) and Introduction to Torts Against
Person
Assault and Battery
False Imprisonment
Brief discussion on constitutional provisions, case law and statutory protections for
unlawful arrest in India.
Readings:
Winfield and Jolowicz on Torts (pp 4-001 to 4-030) – Trespass to the Person and
Related Matters) - Click here to View
Ratanlal and Dhirajlal (11.2 Assault and Battery, 11.3 False Imprisonment pp [271-281
(up to “Arrest by Public Officer”]) - Click here to View
Session 11 – (2 hours) – Defamation
Defamation – meaning, distinction between libel and slander, and defences (justification
by truth, fair and bonafide comment, privilege and consent)
Freedom of Speech and Expression under Article 19 (1) (a) of the Constitution and case
studies highlighting contemporary developments in civil defamation in India (for
instance, criticism of public functionaries, movies / biopics and defamation, defamation
in the age of social media )
Abuse of Legal Procedure - Malicious Prosecution, Malicious Civil Proceedings and
Abuse of Process
Readings:
Ratanlal and Dhirajlal (12.1 to 12.3, 12.5, 12.7 pp [293-313 (up to “Newspaper Libel”); 316-322 (up
to “Repetition of Libel and Slander”); 322-350 (up to “Remedies for Defamation”)])
Session 12 – (2 hours) – Torts Against Property
Trespass to Chattels – the limits of self-help
Trespass to land (immovable property) and remedies in law
Brief discussion using case notes on:
o Olga Tellis v Bombay Municipal Corporation (1985) 3 SCC 545.- Click here to
View
o Bombay Hawkers Union v Bombay Municipal Corporation (1985) 3 SCC
528 - Click here to View
o Municipal Corporation Delhi v Gurnam Kaur (1989) 1 SCC 101. - Click here to
View
Readings:
Ratanlal and Dhirajlal: Pages 405-411 (upto “Trespass by Animals”; 414 (from “Remedies”) - 425
(upto “dispossession”) - Page Nos. 269 to 425
Session 13 (2 hours) – Law of Negligence
Negligence – theories, meaning and definition
Essential elements
o Duty of Care
o Breach of Duty
o Consequent damage (personal injury, psychiatric illness, property damage)
Readings:
M’Alister (or Donoghue) v Stevenson, (1932) AC 562 - Click here to View
Winfield (para 5-001 to 5-005) (General discussion on the elements of negligence)
Winfield (paras 5-015 to 5-025) (Developments on establishing the duty of care)
Caparo Industries plc v Dickman, (1990) 2 AC 605 - Click here to View
Session 14 & 15 (4 hours) – Law of Negligence – Matters of Evidence and Procedure
“Reasonable man” – the construct, concept and approach of law;
Proof of Negligence
Res ipsa loquitur
Contributory negligence
Medical Negligence (as developed in tort law and consumer protection law)
Readings:
Winfield (para 6-006 to 6-018) (Qualities of a Reasonable Person) - Click here to View
Winfield (para 6-019 to 6-038) (Standard of care) - Click here to View
Winfield (para 6-030 to 6-038) (Proving breach of duty) - Click here to View
Salmond (pp. 244-250) - Please Refer to Basic Readings
Ratanlal and Dhirajlal (pp. 603-611) (on application of the doctrine of res ipsa loquitor).
Suggested reading: Usha Ramanathan, ‘Images (1920–1950): Reasonable Man, Reasonable Woman
and Reasonable Expectations’, in Amita Dhanda and Archana Parashar (eds), Engendering Law –
Essays in Honour of Lotika Sarkar (Eastern Book Company 1999) - Click here to View
Session 16 (2 hours): Strict and Absolute Liability
Meaning and rationale of ‘no-fault’ liability
Rule in Ryland v. Fletchers – origin, scope and exceptions, remoteness of damage
Rule of absolute liability in M.C. Mehta v. Union of India, Bhopal Gas Leak Disaster
and contemporary applications
Statutory developments (like Public Insurance Liability Act, Civil Nuclear Liability Act
etc.)
Readings:
Rylands v Fletcher, (1868) LR 3 HL 330 - Click here to View
A J Waite , Deconstructing the Rule in Rylands v. Fletcher, 18 (3) Journal of
Environmental Law 423-442 (2006) - Click here to View
MC Mehta v. Union of India (1987) 1 SCC 395 - Click here to View
Sessions 17 (2 hours): Motor Vehicles Act
No fault liability under Motor Vehicles Act 1988
Registration
Motor Vehicle Insurance; Third Party Insurance Policy and Comprehensive Insurance
Policy
Claims Tribunal, Offences, Penalties and Procedure
Motor Vehicle (Amendment) Act 2019
Readings
Key Provisions - Click here to view
Module 3: Consumer Protection Laws
Session 18 – (2 hours) - Introduction and Origin
Origin and Development of Consumer Protection Laws in India
United Nations Guidelines for Consumer Protection
Consumerism - Origin and Development – Ancient India Kautilya’s Arthashasthra-
Medieval India – British India - Consumer Movement in Independent India –Consumer
Organizations in India
Caveat Emptor- Caveat Venditor- Protection of Consumers under Constitution of India.
CUTs International Survey, 2012 and IIPA, New Delhi Survey, 2013.
Special Law vs. General Law;
Readings:
Constitution of India: Art.19 (1)(g)(Trade and Commerce); Art.21(Right to Life); Art.38
(Secure social order and welfare of the people); Art.47(protect health of people and shall
strive to raise their level of nutrition and standard of living)
Evaluation Report on Impact and Effectiveness of Consumer Protection Act, 1986, IIPA,
2012 - Click here to View
State of Indian Consumer, 2012 CUTS International
Shalabh Nigam v. Orris Infrastructure and Three C Shelters Private Limited III(2019)
CPJ165(NC); MANU/CF/0287/2019. - Click here to View
State of U.P. Through Principal Secretary & Ors v. All U.P. Consumer Protection Bar
Association, 2017 SCC online SC 1488 - Click here to View
In RE: Inaction of the Governments in appointing President and Members/ Staff of
Districts and State Consumer Disputes Redressal Commission and inadequate
infrastructure across India v. Union of India and Ors., Suo Motto Writ Petition No.
2/2021 - Click here to View
M/S National Seeds Corporation Ltd. V. [Link] Reddy And Anr. JT 2012 (1)
SC 330 - Click here to View
M/s Emaar MGF Land Ltd Vs. Aftab Singh, - Click here to View
Ajar Rab - Emaar Mgf Land Ltd., v. Aftab Singh: The End of the Line for Consumer
Arbitration in India, IJCLP vol.6. 2018 - Click here to View
Sessions 19 and 20 – (4 hours)- Object and Definition
Object of Consumer Protection Act – definitions– Consumer[Sec.2(7)], Consumer
Dispute[Sec.2(8)] Complaint[Sec.2(6)], Complainant [Sec.2(5)], Goods [Sec.2(21)],
spurious goods [Sec. 2(43)], Service[Sec.22(42)], Deficiency [Sec.2(11)],
Defect[Sec.2(10)], Manufacturer[Sec.2(24)], Trader [Sec.2(45)], Person[Sec.2(31)],
Unfair Trade Practice [Sec. 2(47)], Restrictive Trade Practice[Sec.2(41)],
Advertisement[Sec. 2(1)], Misleading Advertisement[Sec. 2(28)] etc.
Readings:
Consumer Protection Act, 2019: Sec 2 in comparison with CPA 1986 Act
Prof. (Dr.) Ashok R Patil, Landmark Judgements on Consumer Law and Practice- 2008-
2020, Ministry of Consumer Affairs & CLAP NLSIU, 2021 (For Service Related Cases)
- [Link]
Prof. (Dr.) Ashok R Patil, Misleading Advertisement and Unfair Trade Practice in India
A Critical Analysis, CLAP NLSIU, 2016. - [Link]
Session 21 – (2 hours) - Central Consumer Protection Authority
Establishment of Central Consumer Protection Authority,
Background of Establishment
Appointment of officers
Role of Central Consumer Protection Authority
Procedure of Central Authority, Investigation Wing,
Power of District Collector,
Readings:
Ministry of Consumer Affairs, Food and Public Distribution, Government of India, in
exercise of the powers conferred under Section 10, established CCPA on July 24, 2020
Vagish K Singh and Ashish K Singh Central Consumer Protection Authority- A Critical
Analysis, IJCLP Vol.8, 2020 - Click here to View
The CCPA (Submission of Inquiry or Investigation by the Investigation Wing)
Regulations, 2021 (w.e.f. December 09, 2021).
Session 22 - (2 hours) - Central Consumer Protection Authority (contd.)
Powers and Functions of Central Authority, Power of Central Authority to refer matter
for investigation or to other Regulator
Power of Central Authority to issue directions
Penalties against false or misleading advertisements,
Search and Seizure
Readings:
Consumer Protection (Search and Seizure and Compounding of offences by the Central
Authority and Crediting of Penalty) Rules, 2021 (w.e.f. December 06, 2021).
The CCPA (Annual Report) Rules, 2021 (w.e.f. September 27, 2021).
The CCPA (Form of annual statement of accounts and records) Rules, 2021 (w.e.f.
December 06, 2021
Session 23 – (2 hours) - Consumer Disputes Redressal Commissions : Establishment &
Composition
Establishment of Commissions (District, State and National- Sec 28 (r/w 42 and 53),
Composition & Qualification of Member and President- Number of Members- Service
Conditions- Procedure for selection of members- Removal , Qualification for
appointment of President and other members (Rules. 3 &4 of CP Qualification for
appointment, method of recruitment, procedure of appointment, term of office,
resignation and removal of the President and Members of the State Commission and
District Commission) Rules, 2020)
Administrative Control (Sec.70)
Arrangement of Consumer Commission (Reg. 3 of CPR 2020)- Dress Code-Hearing
Hours, etc.
Readings:
Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 (w.e.f.
July 15, 2020).
The Consumer Protection Act, 2019
The Consumer Protection (Salary, allowances and conditions of service of President and
Members of the State Commission and District Commission) Model Rules, 2020
The Consumer Protection (Qualification for appointment, method of recruitment,
procedure of appointment, term of office, resignation and removal of the President and
Members of the State Commission and District Commission) Rules, 2020
The Consumer Protection (Consumer Commission Procedure) Regulations, 2020
Session 24 & 25 (4 hours) Procedure & Drafting
Manner in which complaint shall be made(Sec. 35 of CPA 2019),
Pecuniary Jurisdiction and Territorial Jurisdiction(Sec.34, 47 and 58 of CPA 2019)
Proceedings before Commissions (Sec. 36 of CPA 2019) Reference to Mediation (Sec.
37 of CPA)- Procedure on admission of Complaint(Sec. 38 of CPA 2019)- Issue of
Notice(Reg.10, CPR 2020),- Adjournment (Reg. 11, CPR, 2020) –Hearing by benches
(Reg. 12, CPR, 2020 - Arguments (Reg. 13, CPR, 2020)- ) Limitation Period (Sec. 69
R/w Reg. 14 of CPR 2020) –Review (Sec. 40, 50 and 60 of CPA r/wReg.15 CPR 2020)
Drafting: Notice- Complaint- Affidavit- Objections
Readings:
Statutes:
Consumer Protection Act, 2019
The Consumer Protection (Consumer Commission Procedure) Regulations,
2020
The Consumer Protection (Administrative Control over the State Commission
and the District Commission) Regulations, 2020
Consumer Protection (Jurisdiction of the District Commission, the State
Commission and the National Commission) Rules, 2021 (w.e.f. December 03,
2021).
Recent Cases:
Today Homes and Infrastructure Pvt. Ltd. v. Sanjay Ahuja (04.09.2020 -
NCDRC) IV(2020)C PJ146(NC ) - Click here to View
Pyaridevi Chabiraj Steels Pvt. Ltd. v. National Insurance Company Ltd. and
Ors. (NCDRC) MANU/CF/0451/2020 - Click here to View
Karnataka Housing Board v. K.A. Nagamani, AIR 2019 SC 2290, Division
Bench SC (Jurisdiction of National Commission) - Click here to View
National Insurance Company Ltd. v. Hindustan Safety Glass Works Ltd. &
Anr., (2017)5 SCC 776; (2017) SCC Online SC 357 - Click here to View
Voluntary Organization in Interest of Consumer Education (VOICE) v.
Registrar, TN SCRC, 2003 (2) CPJ 0033 NC (Rev) - Click here to View
Punjab Urban Planning and Development Authority and Ors. v. Vidya Chetal
and Ors., (16.09.2019 - SC) : MANU/SC/1266/2019 - Click here to View
Session 25 : Procedure and Drafting (contd.)
Session 26 - (2 hours): Product Liability
Product Liability
Product Liability Action; Product Liability; Liability of Manufacturer; product seller &
Service Providers Liability; Harm;
Readings:
Vagish Kumar Singh, Introduction Of Product Liability Actions In India Under The
Consumer Protection Act, 2019 - A Way Forward, RGNUL Student Research Review
Vol. 7(1), 2021 - Click here to View
MacPherson v Buick Motor Co 111 N.E. 1050, 217 N.Y. 382 - Click here to View
Escola v Coca Cola Bottling Co 24 Cal.2d 453, 150 P.2d 436 - Click here to View
Anand Kumar Bansal v Premier Ltd 2019 SCC OnLine NCDRC 1048 - Click here to
View
Gopal Aggarwal v Metro Motors 2019 SCC Online NCDRC 754; 1 (2020) CPJ 85
(NC) - Click here to View
CN Anantharam v Fiat India Ltd AIR 2011 SC 523 - Click here to View
Greater Hyderabad Petroleum Product Dealers Association v Union of India AIR 2006
AP 349; 2006 (5) AndhLT 59; 2006 (4) AndhLD 718 - Click here to View
Session 27 – (2 hours) : E-Commerce and Direct Selling
Inventory Based E-Commerce Entity & Market Place E-Commerce Entity;
Duties and Liabilities of E-Commerce Entities;
Duties and Liabilities of Market Place E-Commerce Entity;
Duties and Liabilities of Sellers;
Duties and Liabilities of Inventory Based E-Commerce Entity;
Draft/Proposed Amendment to E-Commerce Rules 2021
Duties of direct selling entities;
Registration of Direct Selling Entity;
Obligations of Direct Selling Entity and Direct Seller;
Sale through e-commerce platform
Readings:
Prof. (Dr.) Ashok R Patil, Landmark Judgements on Consumer Law and Practice- 2008-
2020, Ministry of Consumer Affairs & CLAP NLSIU, 2021 p. 58-63 (E-Commerce
Sector) [Link]
The Consumer Protection (E-Commerce) Rules, 2020
Rajinder Chawla v. Make my Trip F.A.335/2013 - Click here to View
Managing Director v Vishal Shukla 2015 SCC OnLine NCDRC 3044 - Click here to
View
Spicejet Ltd v Ranju Aery 2017 SCC OnLine NCDRC 739 - Click here to View
Amazon Sellers Pvt Ltd v Gopal Krishnan 2017 IV(2017)CPJ112(UT Chd.)
MANU/SF/0038/2017 - Click here to View
The Consumer Protection (Direct Selling) Rules, 2021
Amway India Enterprises Pvt. Ltd. v. 1MG Technologies Pvt. Ltd. and Ors.
MANU/DE/3286/2018 - Click here to View
Amazon Seller Services Pvt Ltd v Amway India Enterprises Pvt Ltd 2020 SCC OnLine
Del 454 - Click here to View
Session 28 – (2 hours) Enforcement, Execution
Ex-party interim Order( Reg. 17 CPR 2020)- Final Order( Reg. 18 CPR 2020)- Finality
of orders (Sec. 68)- Preservation of Records ( Reg. 20 CPR 2020)- Certified Copy( Reg.
21CPR 2020)- Appeal (Sec. 41, 51 and 67 of CPA)
Enforcement of orders of the District Consumer Dispute Redressal Forum, State
Consumer Dispute Redressal Commission, National Consumer Dispute Redressal
Commission –Judicial Review - Appeal- Writs.
Readings
Consumer Protection Act 2019- (Section 71 & 72)
Session 29 – (2 hours) - Offences and Penalties
Readings:
Consumer Protection Act, 2019 (Section 88-93 & Sec 96)
Session 30 – (2 hours)- Mediation
Mediation; Establishment of Mediation Cell;
Empanelment of Mediators & Nomination of Mediator
Duty of Mediators; Replacement of mediator;
Procedure; Settlement; Recording of Settlement Order. Simulation Excises
Readings:
Prof. (Dr.) Ashok R Patil, Consumer Handbook on Mediation (FAQ)
2021, [Link]
Consumer Protection Act, 2019 (Sec 74-81):
The Consumer Protection (Mediation) Rules, 2020
The Consumer Protection (Mediation) Regulations, 2020
Justice A.K. Sikri, Mediation Means of Achieving Real Justice in Consumer Disputes,
p.1, 5 IJCLP (2017). - Click here to View
Patil Ashok R. A Stakeholder’s Assessment of Feasibility of Online Mediations in India,
p.52, 5 IJCLP (2017). - Click here to View
Afcons Infrastructure Limited v. Cherian Varkey Construction Company Private
Limited 2010 (8) SCC 24 - Click here to View
Nutan Batra v. M/S Buniyaadn Associates, 2018 SCC Online Del 12916; 2018 Indlaw
DEL 3824; MANU/DE/ 4607/2018 - Click here to View