C.L. 1. Law of Torts and Motor Vehicle Accidents
- Definition and nature of Torts – Distinction – between Torts and Crime – Torts and Contract – Basis of tortious liability – Capacity of parties – Novus Actus Intervieniens.
- Principles of liability –negligence – Contributory negligence – Composite negligence – Last opportunity Rule – Res ipsa loquitor – Doctrine of alternate danger – liability without fault – Independent, joint and several tortfeasors – Apportionment of damages – strict liability – absolute liability – death – extinguishment of liability – Remoteness of damage.
- Vicarious liability – employers liability – Act of State - liability of State – doctrine of Common employment.
- Specific torts – injuries to person – assault – battery – false imprisonment – trespass to goods – Conversion – trespass to land – interference with contract or business – intimidation – conspiracy – Injurious falsehood – passing off – negligent mis–statements – Defamation – malicious prosecution – nuisance. Defences – justifications – Remedies
- Liability under Motor Vehicles Act 1988 – Compensation in Motor Vehicle Accidents – nature and extent of insurer’s liability – claims tribunal – award of compensation.
Suggested readings:
- Winfield, Law of Torts.
- Ramaswamy Iyer, Law of Torts.
- Achuthan Pillai P.S., Law of Torts.
- Vivienne Harpwood, Modern Tort law.
- P.K. Sarkar, The Motor Vehicles Act, 1988.