SVKM’s NarseeMonjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102 Semester: I
Module: Law of Torts Module Code:
Teaching Scheme Evaluation Scheme
Lecture Practical Tutorial Term End
Internal Continuous
(Hours (Hours (Hours Examinations (TEE)
Credit Assessment (ICA)
per per per week) (Marks- 50
(Marks - 50)
week) week) in Question Paper)
4 0 0 4 Marks Scaled to50 Marks Scaled to 50
Pre-requisite:Basic understanding of law of tort, law of contract and constitutional law as studied
at pre – law school level
Objectives
1. Understanding Law of Tort and its codification under Consumer Protection and Motor
Vehicle Law.
2. Understanding the role of Indian and international judicial decisions in shaping the contextual
framework of Law of Tort.
3. Exploring the contemporary advancements in the field of Tort Law due to COVID-19
Pandemic.
Course Learning Outcomes:
1. To analyze and critically interpret provisions of Consumer Protection Act, 2019 and Motor
Vehicle Act, 1988 (as amended in 2019) (PLO 1a)
2. To apply Tort Law concepts as evolved and shaped through judicial decisions in resolving
legal problems (PLO 2a)
3. To understand the interconnections between vicarious liability of State and India’s
constitutional and political history (PLO 3a (BA))
4. To understand and appreciate the legal necessity of interconnecting Consumer Law with
business and trade based practices (PLO 3a (BBA))
Detailed Syllabus: (per session plan)
Unit Description: Duration
1. Introduction to Tort Law 1 Hrs.
Topic Details: Treatment of Tort Law at Pre-Law School level
Reference Material: Questions from various entrance examinations
Pedagogy adopted: Group Discussion method highlighting the mechanical
treatment given to the subject which is purely volatile in nature.
2. Introduction to Tort Law 1 Hrs.
Topic Details/ Debate Topic: Is it Law of Tort or Law of Torts?
Basic Reference Material: Chapter 1: Introduction: Definition and Scope, Page
8-11 (Foundation of Tortious Liability), Law of Tort by AK Jain
Pedagogy adopted: Socratic Method
3. Introduction to Tort Law 3 Hrs.
Topic Details: General Conditions in Tort Law – Injuria Sine Damnum,
Damnum Sine Injuria
Basic Reference Material: The Myth of Ashby v. White, Ted Sampsell-Jones,
University of St. Thomas Law Journal, Vol. 8, Article 4, 2010; Case Report of
Gloucester Grammar School Case
Pedagogy adopted: Case Law Discussion
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

4. Specific Tort – Negligence 2 Hrs.

Topic Details: Introduction to Essentials of Negligence
Reference Material
Basic: Chapter 3: Negligence, Page 72-75, Law of Tort by AK Jain
Advance: Chapter 5: Negligence: Duty of Care, Page 5-001 to 5-015, Winfield on
Law of Tort
Pedagogy adopted: Discussion based on Illustrations (Illustration derived from
real cases testing essentials)
5. Specific Tort – Negligence 3 Hrs.
Topic Details: Concept of Foreseeability and its Limitations
Reference Material
Basic: Chapter 3: Negligence, Page 78-85, Law of Tort by AK Jain
Advance:Chapter 5: Negligence: Duty of Care, Page 5-026 to 5-031, Winfield on
Law of Tort
Pedagogy adopted: Discussion Method to understand and analyze construction
of Foreseeability under the Capro Case.

6. Specific Tort – Negligence 3 Hrs.

Topic Details: Moot Court Activity – Donoghue versus Stevenson
Reference Material
Basic: Chapter 3: Negligence (Snail in a Bottle), Page 75-77, Law of Tort by AK
Jain
Advance: Winfield on Law of Tort, Page 492-495
Pedagogy adopted: Mock Court Room Setting to understand these critical
insights:
a) Negligence and its link with the concept of Causation
b) Contractual obligations and their interconnections with Tortious claims

7. Specific Tort – Negligence 3 Hrs.

Topic Details: Medical Negligence; Medical Negligence and COVID-19
Reference Material: Montgomery v/s Lanarkshire Health Board (2015);
Achutrao H. Khodwa v/s State of Maharashtra (1996); COVID-19 and medical
negligence litigation: Immunity for Healthcare Professionals by Kieran Duigan,
Sage Publications, 2020
Pedagogy adopted: Case Law and Discussion Method

8. Specific Tort – Negligence 1 Hrs.

Topic Details: Contractual Claims vis-à-vis Tortious Claims
Reference Material: MadhuriChaudhari v/s Indian Airlines Coproration
(1962)
Pedagogy adopted: Case Law Discussion

8. Consumer Protection Act, 2019 3 Hrs.

Topic Details: Concept of ‘Consumer’ in line with inclusion of online market
platforms(Patient as a consumer can also be taken to connect the last unit of
negligence)
Reference Material: Section 2 (7) of CPA, 2019;Indian Medical Association
v/s V.P. Shanta and Others (1996)(2019 cases have been included in grievance
redressal)
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

Pedagogy adopted: Discussion Method

9. Consumer Protection Act, 2019 2 Hrs.
Topic Details: Concept of Complaint &Unfair Trade Practices under CPA,
2019
Reference Material: Section 2 (5)& 2 (47) of CPA, 2019; Chapter 15: Consumer
Protection Act, Page 404-407, Law of Tort by AK Jain
Pedagogy adopted: Discussion Method
10. Consumer Protection Act, 2019 3 Hrs.
Topic Details: Procedure for filing a Consumer Complaint & Grievance
Redressal
Reference Material: Chapter IV of CPA, 2019; Sukhdev Singh v/s Janak Raj,
2019
Pedagogy adopted: Chart Form Progression of the Procedure in order to break
down sections under the Chapter
11. Motor Vehicles (Amendment) Act, 2019 2 Hrs.
Topic Details: Concept of Negligence and Good Samaritans (in line with Defence
of Volenti Non Fit Injuria (Rescue Cases as an exception))
Reference Material:Save Life Foundation v/s Union of India, 2012; Ministry of
Road Transport and Highways Notification No. 25035/101/2014-RS, 2015
Pedagogy adopted: Discussion Method
12. Motor Vehicle Act, 1988 3 Hrs.
Topic Details: No fault Liabilityin line with Defence of Inevitable Accident
Reference Material: Section 140-144 of the MV Act, 1988
Pedagogy adopted: Discussion Method
13. Liability and Compensation Frameworks for Tortious Claims 3 Hrs.
Topic Details: Strict Liability in line with Defence of Act of God
Reference Material
Basic: Rylands v/s Fletcher (1868) UKHL 1
Advance:The Merits of Rylands v/s Fletcher, Oxford Journal of Legal Studies,
2004, Page 643-669
Pedagogy adopted: Case Law Method
14. Liability and Compensation Frameworks for Tortious Claims 3 Hrs.
Topic Details: Concept of Absolute Liability through theUnion Carbide
Corporation v/s Union of India, 1991 SCR Supl. (1) 251
Reference Material:Union Carbide Corporation v/s Union of India, 1991 SCR
Supl. (1) 251
Pedagogy adopted: Case Law Method
15. Liability and Compensation Frameworks for Tortious Claims 3 Hrs.
Topic Details: Evolution of Absolute Liability (Indian Judicial Approach to
Economics of Tort Law)
Reference Material: Bhopal’s deadly legacy by the Editorial Board, 2014, New
York Times; Law of Damages in India, Nishith Desai Associates, January, 2017
Pedagogy adopted: Discussion Method
16. Liability and Compensation Frameworks for Tortious Claims 2 Hrs.
Topic Details: Vicarious Liability – Master and Servant
Reference Material: Chapter 7: Vicarious Liability including State Liability,
Page 178-185, Law of Tort by AK Jain
Pedagogy adopted: Discussion based on Illustrations (Illustration derived
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

from real cases testing essentials)

17. Liability and Compensation Frameworks for Tortious Claims 2 Hrs.
Topic Details: Vicarious Liability – State (in line with defence of Statutory
Authority)
Reference Material
Basic: Chapter 7: Vicarious Liability including State Liability, Page 193-206,
Law of Tort by AK Jain
Pedagogy adopted: Discussion method to explore India’s political and
constitutional history and its connections with Tort Law
18. Liability and Compensation Frameworks for Tortious Claims 3 Hrs.
Topic Details: Vicarious Liability – State(in line with defence of Statutory
Authority)
Reference Material: Cases - Peninsular and Steam Navigation Co. Secretary of
State for India (1861) 5 Bom. H.C.R. App. 2; State of Rajasthan v. Vidyawati
Devi AIR 1962 SC 933; Kasturi Lal v. State of U.P. AIR 1965 SC 1039; N.
Nagendra Rao v/s State of Andhra Pradesh 1994 SCC (6) 205
Pedagogy adopted: Abridged Case Law Discussions
19. Specific Tort – Defamation 3 Hrs.
Topic Details: Essentials, Types and Defences
Reference Material:Chapter 8: Defamation, Page 216-248, Law of Tort by AK
Jain
Pedagogy adopted: Discussion based on Illustrations (Illustration derived
from real cases testing essentials)
20. Specific Tort – Trespass to Property and Goods 2 Hrs.
Topic Details: Essentials and Concept of Conversion
Reference Material: Chapter 11: Trespass to Person and Property, Page 290-
298, Law of Tort by AK Jain
Pedagogy adopted: Discussion based on Illustrations (Illustration derived
from real cases testing essentials)
21. Specific Tort – Trespass to Human Body 3 Hrs.
Topic Details: Assault, Battery and False Imprisonment
Reference Material (Basic):Chapter 11: Trespass to Person and Property, Page
280-284, Law of Tort by AK Jain
Pedagogy adopted: Discussion based on Illustrations (Illustration derived
from real cases testing essentials)
22. Specific Tort – Nuisance 2 Hrs.
Topic Details: Essentials, Difference between Public and Private Nuisance
Reference Material (Basic):Chapter 9: Nuisance, Page 250-258, Law of Tort by
AK Jain
Pedagogy adopted:Discussion based on Illustrations (Illustration derived from
real cases testing essentials)
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

23. Specific Tort – Malicious Prosecution 2 Hrs.

Topic Details:Essentials, Difference between False Imprisonment and
Malicious Prosecution
Reference Material (Basic):Chapter 12: Malicious Prosecution, Page 304-312,
Law of Tort by AK Jain
Pedagogy adopted: Discussion based on Illustrations (Illustration derived
from real cases testing essentials)
24. Removal of Doubts and Revision Classes 2 Hrs.
Total Classes 60 Hrs.
Text Books: (Basic)
1. Law of Tort Including Motor Vehicle Accidents and Consumer Protection Laws, Cases
Selected and edited by Faculty of Law, University of Delhi, July, 2020,
http://lawfaculty.du.ac.in/files/course_material/I_Term/103%20Law%20of%20Torts%20Jul
y%202020%20(1).pdf
2. Law of Tort by AK Jain (Ascent Publications, 8thEdn., 2016)
3. G.P.Singh and AkshaySapre , Ratanlal&Dhirajlal The Law of Torts (Lexis Nexis, 28th Edn.,
2019)
4. Shubha Gosh, Acing Tort Law: A Checklist approach to Tort Law (West Academic Publishing,
3rdEdn., 2017)
Reference Books: (Advance)
1. W.V.H. Rogers, Winfield & Jolowicz on Tort (Sweet & Maxwell, 19th edn., 2016)
2. John Diamond, Levine and Anita Bernstein, Understanding Torts (Carolina Academic Press
Understanding Series, 6thEdn., 2018)
3. Emily Lynch Morissette, Personal Injury and the Law of Torts for Paralegals (WolterKluwe,
5thEdn., 2020)
Any other information:
Details of Internal Continuous Assessment (ICA): 50 Marks
Research Paper: 20 Marks
Seminar: 10 Marks
Viva: 10 Marks
Class Participation: 10 Marks

Signature Signature
(Prepared byDeepikaChhangani) (Approved by Dean)