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Torts and Consumer Protection PDF Print E-mail
Written by Hanumant's Law Journal   
Tuesday, 08 September 2009 01:28

Law of Torts and Consumer Protection Laws

Q. 1 Define Tort and Law of Torts. Discuss its nature. How many kinds of Torts are there? What are its various ingredients? What conditions must be satisfied before a liability in Tort arises? "A tort is a civil injury but all civil injuries are not Torts". Explain. Distinguish between Tort and Crime.

Q. 2 Describe general exceptions (defences) regarding Torts that are not actionable.

Q. 3 What are the torts relating to the absolute liability? What are its kinds? What is Ryland vs Fletcher rule? What are its exceptions? Is this rule applied in India in present circumstances? If not, why?

Q. 4 How can liability in Torts be discharged? Explain various judicial remedies that are available to a plaintiff in an action of tort. Are there any extra judicial remedies too? If so, enumerate them. What are the general types of damages available in cases of Torts? Explain with examples. What is the doctrine of remoteness of damages? Discuss law on this point.

Q. 5 What are the aims and objects of the CPA, 1986? Describe the constitution, functions and the procedure of District Forum under the CPA. Explain the composition, jurisdiction, and powers of State Consumer Forum (State Consumer Redressal Comission) under CPA. What are the provisions of appeal under the CPA and before which authority an appeal lies against an order of an agency? Define and discuss the word "cunsumer" and "service" under CPA. Illustrate with cases.

Comments (41)
  • Ikramullah  - LLB Notes
    you have done a very positive rule for our younster(who take admisssion in Part I). its a very nice and easy notes and i have got a lot of success from this. I appreciating your hard work and success in this fiel. thanks
  • muzaffar  - sub
    pls help me bro
  • Nitin  - Defamation
    Hello hanumant bro i m Nitin, m student of LLB 1ST SEM, panjab university, u doing great job....Ur notes r very easy to learn and understand...Bro i want Defamation(law of tort) notes. Plz add as soon as u can....Will be so thankful to u.
  • Anil Taneja  - Objective Question & Answer
    Dear Sir

    I want to find a questions in objective mode on family law(any other), with answer.
    where i can get this to sharp memory & remembrance.
  • vikrant Apte  - Very Nice site for llb student
    Hello Mr. Hanumant very good for the student of LLB
    Will be so thankful to you.


    Vikrant Apte
  • Sunil Kumar  - Study Notes-Torts and Consumer Protection
    :idea:

    Dear Mr. Deshmukh,
    I am Sunil,Pursuing my LLB,Karnataka Law University.i need the notes of Torts and consumner protection ..your notes are very easy to understand and these notes are very useful for exam preparations.


    Please send the notes soft copy to my above mentioned e mail-id.


    Regards,

    Sunil Kumar

  • zulfiqar ahmed
    Legally speaking, sir in your notes are not mentioned English jurisprudence notes. otherwise your notes are very good. reading your notes, i have gotten enough benefits please send me "English jurisprudence" notes.

    "thank full to you"
  • Leena Ahuja  - Thanx
    Mr. Deshmukh,

    You are really doing a very good job for Law students. Your notes are very helpful for us. I must say there are very few people on earth who work for others and you are one of those.


    Thanks & Regards,
    Leena Ahuja :)
  • Kavita Sharma  - Law of Torts and Law of crimes notes
    Dear Sir,

    I have gone through your website and found to be very uselful for students studying law. I am also a student of first year law and would like to get some notes for the above mentioned subjects mentioned inthe title. My id is kavitasharma_sun@yahoo****


    Thanks in advance.


    Regards,
    Kavita Sharma

  • vikrant apte  - Question papers of each subject
    we are very much thankful for your valuable notes and drafts on the respected subject in your website. This information is very much useful for Law Students for their preparation of exam notes and answer.

    I would like to request you to publish the question papers of each subject so it will be grateful for us to understand the nature of question asked in exam.



    Vikrant Apte
  • sunil  - thanks
    nice very nice tyohave answers on tort,, pls give the question and answers related to 1st semester LLB, IPC subject
  • vikrant apte  - Notes
    Dear Ms. Kavita,

    Please go to Academic menu and find the notes on respected subject.

    I am also referring the same notes

    Bye..


    Vikrant
  • Rajnesh  - require e books for first semeter
    :)

    I am student of first year.. would like to have ebooks on following subjects.. as a part of syllabus.. would be grateful if any useful material can send through email..

    labour laws
    Contract Act I and Specific Relief Act
    Law of Torts and Consumer Protection
    Legal Language including Legal Writing & General English

    rajnish821@gmail****
  • Shaun pinto
    I am a student of first year LLB

    would like to have your notes .for semester one of LLB n i am from mumbai university hope this note's will help me . my email id is
    shaunpinto555@yahoo.co.in
    Thank u

    labour laws
    Contract Act I and Specific Relief Act
    Law of Torts and Consumer Protection
    Legal Language including Legal Writing & General English
  • shikha moury
    this is very useful website for law student.I am also a student of B.A.L.L.B first year at DAVV indore .I want to know how to prepare for exam in short time. plz give me guidance.
  • surender kumar saini  - thanks
    sir,i am very proud to see that you are help us in our studying very very thanks to you sir.sallute you sir
  • Sharad Adhav  - Low of Tort
    I want the ans of this Questions Define negligence and explain its essentials with reference to leading cases.

    Thanks Ur Notes is very Usefully for us
  • Gaurav
    If I Send U Agency Notes How U 'll Pay
  • RAVINDRA NATH GERA
    this site was more than faculty for me
  • Pooja Kalate  - Thank you !!!!!!!!!!
    Dear Deshmukh sir

    I have gone through the notes on your site. It is very helpful for all those who are looking for the exact proper law notes.
    Thank you so much.You are doing great work,keep it up. Looking forward for more...


    Thanks & regards

    Pooja Kalate
  • Anonymous
    I am a student of second year LLB studnt

    i would like to have your notes . i am from clacutta university hope this note's will help me . my email id is
    dhunchak0@gmail****
    Thank u


    Law of Torts and Consumer Protection
    Legal Language including Legal Writing & General English
  • Anonymous
    Discharges of Tort

    Law Academy for “CIVIL JUDGES” and “LL.B” Exams
    Mohsin Ehsan Advocate High Court (Pakistan) LL.B, LL.M (P.U) 0333-4854801 & 0314-4229144
    Face Book: iqralawacademy@hotmail****
    Prelude:
    Discharge of Tort means extinction of liability in Tort. There are seven important modes amongst many in which a tort can be discharged which mean the remedy ceases to operate.
    In other words discharge of tort also means that though there is a vested right of action for a tort, yet such a right of a action may be discharged by the following ways:
    1. The death of the parties.
    2. Waiver and compromise.
    3. Accord and satisfaction
    4. Release
    5. Acquiescence
    6. Judgment recovered
    7. Statutory of limitation.

    1- The death of the Parties:
    This head falls into two natural parts i.e. death of plaintiff, death of defendant. There is a maxim
    “Actio personalis morutur cum persona”
    Which means a personal right of action dies with hat person.
    Example:
    If an injury is done either to the person or property of another, for which damages can only be recovered in satisfaction and if such person dies then satisfaction is impossible and here right of action will die with the death of such person.
    Exceptions: - In English law there are some cases in which right of action does survive to the hares of deceased party (legal representative).
    The law reform Act 1914:-
    Since the passing of this Act the above mention maxim no longer holds good. Under this act on the death the right of action survive to the hairs expect action for (i) Defamation (ii) Seduction (iii) Claim for damages for adultery.
    The Fatal Accidents Act 1846:
    Under this Act a widow of children can proceed on behalf of their husbands or fathers in court of law.
    The workmen’s compensation Act 1923:
    By this Act the defendant of a workman can claim for compensation.

    Law Academy for “CIVIL JUDGES” and “LL.B” Exams
    Mohsin Ehsan Advocate High Court LL.B, LL.M (P.U) 0333-4854801 & 0314-4229144
    Face Book: iqralawacademy@hotmail****

    2- Waiver:
    The second thing which will discharge a tort is waiver. It means that if a man has more than one remedies for the same wrong and he elects to pursue one of them. Ten the other remedies are said to have been waived by him.
    Example: If the injured person has two remedies, one is remedy in tort and the other is breach of contract and he selects the remedy of breach of contract then the cause of action in tort is waived.
    3- Accord and Satisfaction:
    The third ground for discharge in tort is known as “Accord and Satisfaction” which means mutual agreements to pay or to do something in satisfaction of the parties and satisfaction means the actual payment of sum.
    When such an agreement is executed and satisfaction has been made the arrangement is called Accord and Satisfaction and the right of action for tort is discharged.
    4- Release:
    A release means the surrender of a right of action against a wrong-door. It is open to an injured party to release the wrong-door from liability to compensation, voluntarily at any time.
    5- Acquiesce:
    Where, a person who knows, that he is entitled to enforce a right, neglects to do so, for a length of time then the other party may request the court that he has waived his right of action. There is also a maxim in law which is
    “Law does not help those who sleep over their rights.”

    Law Academy for “CIVIL JUDGES” and “LL.B” Exams
    Mohsin Ehsan Advocate High Court LL.B, LL.M (P.U) 0333-4854801 & 0314-4229144

    6- Judgment Recovered:
    The principle of “Res Judicata” prevents a court from hearing the same matter which has been decided by a competent court in a previous suit. This is based on a maxim.
    “More than one actions will not lie on the same case of action.”
    Case Law:
    Brunsden vs Humphry (1881)
    Fact: The plaintiff, a cab driver in a suit has already recovered compensation for damage done to his cab by an accident with defendant’s car, he again filed a second suit of personal discomfort on the same cause of action.
    Held:
    Damage to property or damage to person are two different rights hence second suit is maintainable.
    7- Statutory Limitation
    Action for tort must be brought within the statutory limitation otherwise the right to sue is barred according to limitation act.
    Conclusion:
    From the above discussion one can easily conclude that, though to file a civil suit for the remedy in tort is a matter of right, yet there are certain conditions which bars this right and discharge the right of action.

    Law Academy for “CIVIL JUDGES” and “LL.B” Exams
    Mohsin Ehsan Advocate High Court LL.B, LL.M (P.U) 0333-4854801 & 0314-4229144
    Face Book: iqralawacademy@hotmail****

  • Anuj Tyagi  - LLB notes
    Hi friends,

    My self is Anuj Tyagi & I am a student of LLB Ist Yr. form Ch. Charan Singh University, Meerut. I need some notes on legal history & jurispurdence, Professonal Ethies sub.

    Anuj Tyagi
    9910022602

    Email - justice_9910022602@yahoo****/justice_9910022602@rediffmail****
  • Vivekanand Naik  - Law of Torts
    Fabulous job by old man! A generous one, one need to learn frm dis gentleman. hats off to u Sir.
  • Vivekanand Naik
    I am happy 2 c u r simple notes which really helped me a lot for my I Sem Exams. Thank U Sir.
  • sonika choudhary  - notes of i.p.c
    hi sir i m studying llb nd i read ur notes first time bt it is very easy to learn and to understand sir plz send me also notes or impotant questions of i.p.c






    with regards
    sonika choudhary
  • kamaljit singh
    Dear person,
    i want the notes of INVESTMENT AND SECURITY LAW please sugest me my exam is on 24 the of april 2012 please help me.

    thanks

    KAMALJIT
  • Anonymous
    Q.3 What do you mean by defamation?Bring out the differences between Libel and Slander ?
    Ans. Defamation consists in injury to the reputation of a person if a man injures the reputation of another, he does so at his own risk. English law divides actions for defamation into Libel and Slander. Libel is a representation made in some permanent form, as writing printing, picture, effigy or Statute. In Yousoupoff v. M.G.M. Pictures Ltd. – it was decided that in a Cinema film, not only the photographic part is considered to be a libel but also the speech which Synchronises with it is also a libel. Defamation is defined by the Eminent jurists as under – SALMOND – “Defamation is the publication of false and defamatory statement regarding another without any justification.” DR.WINFIELD - “ Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of Society generally or which tends to make them shun or avoid that person.” KINDS OF DEFANATION – Defamation is a generic term containing is two form i.e. (1) Libel (2) Slander Essentials of Defamation THE STATEMENT MUST BE DEFAMATORY – Defamatory statement is one which tends to injure the reputation of the plaintiff. Whether a statement is defamatory or not depends upon how the right thinking members of the society are likely to take it. If the likely effect of the statement is the injury to the plaintiff?s reputation, it is no defence to say that it was not intended to be defamatory. THE STATEMENT MUST REFER TO THE PLAINTIFF –If the statement is taken to be referring to the plaintiff, the defendant will be liable and it will be no defence that the defendant did not intend to defame the plaintiff. Some Cases Hulton and Co. v. Jones (1910) Newstead v. London Express Newspapers Ltd. (1939) The Statement must be PUBLISHED – Publication means making the defamatory matter known to some person other than the person defamed. Communication to the plaintiff himself is not enough because defamation is injury to the reputation and reputation consists in the estimation in which others hold him and not a man?s own opinion of himself. If a defamatory letter sent to the plaintiff is likely to be read by somebody else, there is publication. Some Cases THEAKER V. RICHARDON P.RAVINDRAN V.P.L.Amma, AIR 2001 Mad 225
    Difference between Libel and Slander
    Libel
    Slander
    Libel is the defamation in a written permanent form, normally addressed to the eye. In case of Libel, there exists malice and greater deliberation In India as well as in England libel is both a tort and crime In case of libel, the actual publisher may be an innocent person and thus, may not be liable. Libel is the defamation in a permanent form, whether exhibited to the eye as in the case of Statue, effigy, caricature and the like or only to the car, as the case of a photographic record.
    Slander is the defamation is an oral or transient form addressed to the ear : e.g.-defamation through parrot. Slander may be uttered in the heat of the moment and under sudden provocation. In India, Slander is also both a tort and crime but a England slander is a Civil Wrong only. In case of Slander, the publisher acts consciously and voluntarily and must always be liable. Slander is the defamation in a transient form, whether audible, as in spoken words, or visible, as in the case of gesture.

    neeraj bansal
  • Anonymous
    Q.4 Define Negligence – and write its essential elements with the help of important cases?
    Ans. Negligence - In everyday usage, the word negligence denotes mere carelessness. Secondly, in legal usage it signifies failure to exercise the standard of care which the does as a reasonable man should, by law, have exercised in the circumstances : if there is no legal duty to take care, lack of care has no legal consequences. In general, there is a legal duty to take care where it was or should have been reasonably foreseeable that failure to do so was likely to cause injury. Negligence is, accordingly, a made in which many kinds of harms may be caused by not taking such adequate precautions as should have been taken in the
    circumstances to avoid or prevent that harm, as contrasted with causing such harm intentionally or deliberately. The various jurists defined negligence as under - Dr. Winfield, “Negligence as a tort is the breach of a legal duty to take care which results in damage undesired by the defendant to the plaintiff.” 2. B.S.Sinha “Negligence as a tort is the breach of a legal duty to take care “According to circumstances which results in damages undesired by the defendant to the plaintiff.” In an action for negligence, the plaintiff has to prove the following essentials. The defendant owed a duty of care to the plaintiff : The defendant made a breach of that duty : and The plaintiff suffered damage as a consequence thereof. Duty of Care to the plaintiff – It means a legal duty rather than a mere moral, religious or social duty. It is not sufficient to show that the defendant was careless, the plaintiff has to establish that the defendant owed to the plaintiff a specific legal duty to take care. In Donoghue v. Stevenson – A purchased a bottle of ginger – bees, from a retailer for the appellant, a lady-friend some of the contents were poured into a tumbler and she consumed the same. When the remaining contents of the bottle were poured into her tumbler, the decomposed body of snail. Floated out with the ginger-beer. The appellant alleged that she seriously suffered in her health in consequence of her having drunk part of the contaminated contents. The bottle was said to have been of a dark coloured glass and closed with a metal cap so that the condition of its contents could not be ascertained by inspection. She brought an action against the manufacturer for damage. It was held by the house of Lords that the manufacturer owed her a duty to take care that the bottle did not contain noxious matter, and that he would be liable on the breach of duty. The house of Lords also held that even though there was no contractual relationship between the manufacturer and the consumer, the consumer could bring an action and this case thus has done away with “privity of contract” fallacy.
    Some other cases 1. Ishwar Devi v. Union of India 2.Rural Transport Service V.Bezlum Bibi 3. Sushma Mitra v. M.P.S.R.T. Corp. Breach of duty – Breach of duty means not taking due care which is required in a particular case. The standard of care demanded is that of a reasonable or a prudent man. If the defendant acted like a reasonable prudent man, there is no negligence. The laws requires taking of three points into consideration to determine the standard of care required. The importance of the object to be attained – The law does not require greatest possible care but the care required is that of a reasonable man under certain circumstances. The law permits taking chance of some measure of risk so that in public interest various kinds of activities should go on. The Magnitude of the risk – The degree of care varies according to the likelihood of harm and seriousness of injury. A person handling a loaded gun is expected to take more care than a person an ordinary stick. When there is some apparent risk due to abnormal conditions, necessary care must be taken to prevent the harm. In Nirmala v.T.N.Electricity Board a high tension electric wire snapped and resulted in the death of a person due to electrocution, the defendants, who were maintaining the said wire, were held liable. The fact that the wire snapped and also that it did not become deed after snapping proved that the wire was not being maintained properly. Some other case Bhagwat Sarup v. Himaliya Gas Co. Glass gow Corporation v.Taylor Smt. Shivkor v. Ram Naresh.
    The amount of consideration for which services etc are offered – The degree of care depends on the kind of services offered and the consideration charged therefore from the plaintiff, Seller of bottled mineralwater, who charges higher price than a road side seller of a glass of water, is supposed to take more care as higher standard of purity is expected from him. A luxury hospital has to offer higher degree of care to its patients than a hospital admitting a patient in the general ward. Refer – Klaus Mittelbachert v. East India Hotels Ltd. (1997) 3) Damage – It is also necessary that the defendant?s breach of duty...
  • Anonymous
    :)
  • pema lhendup  - Extinction of liability
    introduction, the shape of the Law of tort today
  • Anonymous
    I am happy 2 c u r simple notes which really helped me a lot for my I Sem Exams. Thank Usoo soso soso much so
  • Nikhil  - Niks
    I am happy 2 c u r simple notes which really helped me a lot for my I Sem Exams. Thank U Sir
  • raj kumar goyal  - BEST WISHES
    Very gud work

    Wish you best of luck


    Raj Kumar Goyal Advocate
    Tohana Distt Fatehabad Haryana
  • Shayne Feilds  - Torts and Consumer Protection
    Wow you are so full of information!

    ****rentmyvacationhome****
  • Dorsey Hind  - Torts and Consumer Protection
    Interesting read. There is currently quite a lot of information around this subject around and about on the net and some are most defintely better than others. You have caught the detail here just right which makes for a refreshing change.....thanks.

    ****rentmyvacationhome****
  • sanjulam khare
    pzs help me mein baar baar registration krne k liye try kr rhi hu ho nhi pa raha h isse kaise karu aur mujhe notes agar chahiye to kaise milega
    thanksss in advance
  • Anonymous
    very useful Notes.
  • Anonymous
    Thanks sir,

    It is very very useful for studies.

    yours sincerely

    up coming notes aspirant student
  • ashwani  -  want to notes on Law of Torts and Consumer Protec
    i am law fiirst year student, want to notes on Law of Torts and Consumer Protection. please help me sent it my email ID . my mail is ashwanishandil@gmail****
  • Anonymous
    i am pursuing my llb from nagpur university i need notes of law of torts and consumable protection act for first year first semester,i am very thankfull to you if you send the same on my email id sunil.gotekar@yahoo.co.in

    thanks and regards
    sunil gotekar
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Last Updated on Tuesday, 08 September 2009 16:34
 

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