Law of Torts

The Law of Torts deals with civil wrongs resulting in harm or injury to another party. It
is a mostly uncodified area of law developed from judicial precedent and English
common law.

Key principles:

 Civil wrong: A tort is a private wrong committed against an individual, for which the
injured party can sue for compensation, or "unliquidated damages". This is distinct
from a crime, which is a public wrong against the state.

 Compensation: The primary remedy in tort law is financial compensation to restore

the plaintiff to the position they were in before the wrong occurred.

 Types of torts: Tort law encompasses a variety of specific wrongs, including:

o Negligence: The failure to exercise reasonable care, causing harm to another.

o Intentional torts: Deliberate acts intended to cause harm, such as assault, battery,
and trespass.

o Strict liability: Liability for harm caused by dangerous activities, regardless of the
defendant's intent or negligence.

Consumer Protection Act, 2019

The Consumer Protection Act, 2019, is a codified law designed to protect consumer
rights and provide a fast, effective method for resolving consumer disputes. It
replaces the older Act of 1986.

Relationship with torts:

The Act codifies and extends certain tortious liabilities, particularly product liability
and liability for negligence in services, within the specific context of consumer-
business relationships.

Key provisions:

 Product liability: Holds a product manufacturer, seller, or service provider liable for
harm caused to a consumer by a defective product or deficient service.
 Consumer disputes redressal: Establishes a three-tier system of Consumer
Disputes Redressal Commissions at the district, state, and national levels for the
adjudication of consumer complaints.

 Unfair trade practices: Provides a framework to address and penalize unfair or

restrictive trade practices and false or misleading advertisements.

Motor Vehicles Act, 1988

The Motor Vehicles Act, 1988, is a specific statute that governs all aspects of road
transport vehicles in India. A key part of its function is to provide a specific,
structured mechanism for victims of motor vehicle accidents to claim compensation.

Relationship with torts:

Before the M.V. Act, accident victims would have to file a civil suit for negligence
under tort law, a lengthy and complex process. The Act creates a more accessible,
specialized forum—the Motor Accident Claims Tribunal (MACT)—to handle these
claims.

Key provisions:

 Motor Accident Claims Tribunal (MACT): These tribunals are established to

adjudicate claims for compensation in respect of accidents involving motor vehicles.

 Liability: The Act provides for different types of liability to ensure compensation for
victims:

o Fault-based liability: For claims beyond certain fixed amounts, a victim must prove
the negligence or fault of the driver or owner.

o No-fault liability: A limited amount of compensation is payable in cases of death or

permanent disability, regardless of who was at fault. This ensures a minimum,
expedited relief for victims.

 Compulsory insurance: The Act makes it mandatory for vehicle owners to have
insurance against third-party risks. This ensures that a victim can recover
compensation from the insurance company, even if the vehicle owner has limited
means.

Summary of comparative relationship

Aspect Law of Torts Consumer Protection Act Motor Vehicles Act

 Nature General, uncodified law Codified law for protecting consumer Codified law governing road
addressing civil wrongs. interests. transport and accidents.

Scope Broadest scope, covering almost Specific to consumer disputes Specific to accidents
all civil wrongs that result in harm. regarding goods and services. involving motor vehicles.

Liability Primarily fault-based (e.g., Includes product liability and deficiency Provides for both fault-based
negligence), but includes strict in services, incorporating principles of and no-fault liability for
liability for ultra-hazardous both fault and strict liability. accidents.
activities.

Forum Civil courts handle tort claims. A three-tier system of Consumer Motor Accident Claims
Disputes Redressal Commissions. Tribunals (MACTs) handle
accident claims.

Origin Evolved from English common law Created and updated by parliamentary Enacted by parliament as a
and judicial decisions. statutes (1986, 2019). comprehensive statute
(1988).

Important principles and concepts of tort law

Since tort law is not codified in India, it does not have specific sections like a statute.
Instead, it is based on foundational legal principles established through common law
and court precedents.

 Wrongful act or omission: To constitute a tort, the defendant must have committed
a wrongful act or failed to perform a legal duty. The act or omission must lead to the
violation of a person's legal rights.

 Legal damage: The wrongful act must cause "legal damage" to the plaintiff. The two
key maxims are:

o Injuria sine damnum: A legal injury occurs even if there is no actual financial or
physical loss. The infringement of a legal right is enough for a claim (e.g., Ashby v.
White, where a person was wrongfully prevented from voting).

o Damnum sine injuria: Harm or damage that is not accompanied by a violation of a

legal right is not actionable (e.g., Gloucester Grammar School Case, where a new
school led to a loss of profit for an existing school).
 Vicarious liability: This principle holds one person liable for the tortious acts of
another. A common example is the liability of an employer for the wrongful acts of an
employee committed in the course of employment.

 Strict liability: In certain situations involving inherently dangerous activities, a

defendant is held liable for harm even if there was no fault or negligence. In India,
this principle evolved into the more stringent "absolute liability" standard following
the M.C. Mehta v. Union of India case.

 Negligence: This is the most common tort and involves the failure to exercise the
reasonable care expected of a prudent person, which results in harm to another. The
claimant must prove four key elements: a duty of care, a breach of that duty,
causation of the harm, and damages.

 Volenti non fit injuria: This is a general defense in tort law, which means "to a
willing person, no injury is done." It applies when a person voluntarily consents to a
known risk, and therefore cannot later claim damages if they are harmed by that
risk.

Important sections of the Consumer Protection Act, 2019

The Consumer Protection Act is a comprehensive, codified law with distinct sections
addressing various aspects of consumer protection.

 Section 2: Definitions: This section defines key terms, including "consumer,"

"goods," "services," "defect," "deficiency," "unfair trade practice," and "product
liability action".

 Section 10: Central Consumer Protection Authority (CCPA): Establishes the

CCPA to regulate matters relating to violation of consumer rights, unfair trade
practices, and misleading advertisements.
 Sections 28, 42, 53: Consumer Disputes Redressal Commissions
(CDRCs): Mandates the establishment of a three-tier quasi-judicial machinery for
consumer disputes at the district, state, and national levels.

 Section 34, 47, 58: Jurisdiction of CDRCs: Specifies the pecuniary and territorial
jurisdiction for the District, State, and National Commissions. It also allows
complaints to be filed at the place of residence or business of the complainant.

 Section 84: Liability of a product manufacturer: Holds manufacturers liable for

harm caused by defective products, even without negligence, under the product
liability framework.

 Section 85: Liability of a product service provider: Holds a service provider liable
for harm caused by deficient services under the product liability framework.

 Section 86: Liability of a product seller: Holds a product seller liable in specific
circumstances, such as when they modify or fail to provide proper warnings for a
product.

 Section 89: Penalty for false or misleading advertisement: Prescribes penalties

for manufacturers or endorsers involved in false or misleading advertisements.

Important sections of the Motor Vehicles Act, 1988 (related to

compensation)
The M.V. Act is a codified law with specific chapters dealing with compensation for
accidents.

 Section 140: No-fault liability: Provides for fixed, mandatory compensation in

cases of death or permanent disability arising from a motor vehicle accident,
irrespective of any wrongful act, neglect, or default by the owner or driver.

 Section 145: Definitions (Third Party Insurance): Defines key terms, including
"authorized insurer" and "third party".

 Section 147: Requirements of third-party insurance: Mandates that every vehicle

owner have third-party insurance coverage to compensate victims of accidents. It
defines the extent of the insurer's liability.

 Section 161: Hit and run motor accidents: Outlines a scheme for providing
compensation to victims of "hit and run" accidents where the identity of the vehicle
cannot be ascertained.
 Section 163A: Structured formula for compensation: Allows for claims based on
a structured formula, providing a faster and easier compensation process without
requiring proof of fault.

 Section 164: Compensation for death and grievous hurt: Specifies minimum
compensation amounts for death and grievous hurt in motor vehicle accidents under
a no-fault liability scheme introduced by the 2019 amendment.

 Section 165: Claims Tribunals: Authorizes state governments to establish Motor

Accidents Claims Tribunals (MACTs) for adjudicating claims for compensation.

 Section 166: Application for compensation: Governs the filing of compensation

applications with the MACT by the injured person, property owner, or legal
representatives of the deceased.

 Section 168: Award of the Claims Tribunal: Outlines the procedure for the MACT
to hold an inquiry and make an award determining the compensation amount.

 Section 173: Appeals: Provides for appeals against an MACT award to the High
Court.

 Section 175: Bar on jurisdiction of Civil Courts: Explicitly bars civil courts from
entertaining any claims that can be adjudicated by an MACT.

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 1 THE CONSUMER PROTECTION ACT, 2019 - India Code

8 Aug 2019 — * 1. THE CONSUMER PROTECTION ACT, 2019. ____________
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 GENERAL LAW OF TORTS | Law 101: Fundamentals of the Law
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for aibe exam
 For the
All India Bar Examination (AIBE), you should focus on key concepts and
foundational principles rather than getting bogged down in minute details of every
section. Since AIBE is an open-book exam, understanding the structure of the bare
acts and key case laws is more important than memorizing them.

Law of Torts
This is a small but important section of the AIBE. The questions will likely test your
understanding of core concepts and landmark cases, rather than obscure details.
Important concepts:

 Negligence: You must understand the four components: duty of care, breach of
duty, causation, and damages. Focus on the 'reasonable man' standard and
defenses.

 Vicarious Liability: Know the principle of employer's liability for the acts of their
employees during the course of employment.

 Strict and Absolute Liability: Understand the rule laid down in Rylands v.
Fletcher and how it was evolved into "absolute liability" in India by the Supreme
Court in M. C. Mehta v. Union of India.

 Defamation: Know the difference between libel and slander and the available
defenses, such as truth and fair comment.

 Defenses in Tort: Be familiar with common defenses like Volenti non fit
injuria (voluntary assumption of risk), act of God, and inevitable accident.

 Legal Maxims: Understand the difference between injuria sine damnum (legal injury
without damage) and damnum sine injuria (damage without legal injury).

 Key Case Laws: Have a general awareness of significant judgments like Donoghue
v. Stevenson, Bhim Singh v. State of J&K, and Kasturi Lal v. State of U.P.

Consumer Protection Act, 2019

The questions will likely focus on definitions and the structure of the redressal
mechanism.

Important sections and topics:

 Section 2: Definitions: Know the definitions of key terms like "consumer," "goods,"
"services," "defect," and "deficiency". The definition of 'consumer' is critical as it
includes online transactions and e-commerce.

 Consumer Rights: Understand the six rights provided to consumers under the Act,
such as the right to safety, the right to be informed, and the right to seek redressal.

 Consumer Disputes Redressal Commissions (CDRCs): Be familiar with the

three-tier structure (District, State, and National) and their respective pecuniary
jurisdictions.

 Central Consumer Protection Authority (CCPA): Know the role and powers of the
CCPA, particularly regarding misleading advertisements and unfair trade practices.

 Product Liability: Be aware of the provisions that impose liability on product

manufacturers, service providers, and sellers for defective products and deficient
services.

Motor Vehicles Act, 1988

The AIBE exam focuses specifically on the provisions related to accident claims and
compensation.

Important sections:

 Section 140: No-fault liability: Understand the concept of fixed, mandatory

compensation for death or permanent disability, regardless of who was at fault.

 Section 147: Requirements of third-party insurance: This section is crucial as it

mandates third-party liability insurance for all vehicles and specifies the insurer's
liability.

 Section 163A: Structured Formula for Compensation: Know that this section
allows for quicker, formula-based compensation claims without requiring detailed
proof of fault.

 Section 165: Claims Tribunals: Recognize the role of the Motor Accident Claims
Tribunals (MACTs) as the specialized forum for accident claims.

 Section 166: Application for Compensation: Understand who can file a claim
before the MACT.
 Section 173: Appeals: Be aware that appeals against an MACT award lie with the
High Court.