TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No.9 of 2012)

B.A., LL.B (HONS) DEGREE COURSE

FIRST SEMESTER

2015-2016

Navalurkuttappattu, Dindigul Main Road, Srirangam Taluk, Tiruchirappalli 620 009

Tamil Nadu, India. www.tnnls.in
 TAMIL NADU NATIONAL LAW SCHOOL
TIRUCHIRAPPALLI- 620 009
B.A., LL.B. (HONS.) FIRST SEMESTER
CONTENTS

Sl. No. Subject Code Subject Page No

1. HAAA English- I 1

2. HAAB Sociology - I 3

3. HAAC Political Science - I 7

4. HAAD Legal Methods 11

5. HAAE Law of Torts 15

 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
I YEAR I SEMESTER B.A., LL.B. (HONS.) DEGREE COURSE

PAPER I ENGLISH I SUBJECT CODE:

HAAA

INTRODUCTION AND COURSE OUTLINE

Welcome to The Tamil Nadu national Law School, Tiruchirappalli and welcome to the
course.

The question why law and language is always going to be an important one. Why, you
ask, should you spend your time in law school learning English? The answer to that is
that the kind of English youll study in law school will equip you to understand the law
better.

Language is central to both the creation and implementation of law. The intersections
between law and language deal not only with how laws and drafted, what form they take,
and how they are applied, but also with how laws attach significance to some languages
over others.

Objectives of the Course:

To explore the significance of language to communication and identity.

To appreciate the language question in the Indian Constitution and the difference
between language as mother tongue, official language, the medium of educational
instruction and the language of official communication.

To learn how to write and communicate effectively.

To understand the difference between language and ideas by learning to express

the ideas of others in your own words.

To appreciate techniques of interpretation used in law; to examine how significant

the context of words is to their meaning, and to understand how these
interpretations can change with time.
Module I: An Uneasy Compromise : Status and Identity of Language in the Indian
Constitution:

This module will examine the Constituent Assembly Debates on the question of
language, along with the text of the Constitution, the Official Languages Act, 1963, and
amendments made to it. In doing so, questions on the importance of English, the role of
Hindi under the Constitution, and its role vis-a-vis other languages will be brought out.

In examining how the politics of language played out, we will also look a the major cases
under the Constitutions linguistic provisions and the official Languages Act.

Module II: Learning to Read and Write Effectively:

This module will focus on learning how to write clearly, concisely and formally,
Examples of good and bad writing will be shown in class, and strategies for writing well
will be demonstrated.

This module will attempt to show the difference between legalese and excessive
verbosity on one hand, and the Plain English School. Assignments on writing will be
given, the benefits of correct punctuation brought out, and common grammatical errors
will be demonstrated.

This module in the course shall be taught largely through tutorials and through a
discussion of the writing assignments that will be given.

Module III: the Importance of Writing on Your Own: What Constitutes Plagiarism
and how to avoid it:

Through a discussion of what plagiarism is, this module will bring out why there is a
need to acknowledge the work of other people in the realm of scholarship, How is such
work to referenced? What counts as acceptable borrowing, and what, despite being cited,
will still be considered plagiarism.

In trying to avoid plagiarism, the course will discuss how students can summarize,
paraphrase, and make notes of arguments. Classes will also be taken on how to draft
prcis and make case briefs.

Most of the exercises in this selection will be done through tutorials.

Module IV: Legal Words and Phrases ; Legalese and Plain Language:

This module distinguishes between words and phrases which have functional importance
and phrases which are used to obtain professional suzerainty. Through bringing out the
difference between plain language and imprecise simplification, students will learn the
importance of being concise while at the same time not losing out on precision and the
formality that legal language requires.

1. Legal Maxims

2. General Legal terms

Module V: Words: Their Meanings and Interpretation :

Do words have meanings absent of context? Is meaning present or extracted through

interpretation? Does Authorial Meaning have precedence over the readers meaning?
Does the meaning of texts evolve or is it frozen in time?

Through a discussion including but not confined to legal cases, these questions will be
debated and discussed. In a sense, this will also be an entry point into the later law and
literature course.
 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
I YEAR I SEMESTER B.A., LL.B. (HONS.) DEGREE COURSE

PAPER II SOCIOLOGY-I SUBJECT

CODE: HAAB

Sociology: A Critical Introduction

The Broad Aim of the Course: is to introduce the discipline of sociology to the students
of law. This is done by encouraging students to develop a critical engagement with the
various basic sociological concepts, theories, issues and, methods. In addition to this, the
course also exposes the students to the fundamentals of sociology of Indian society.

Course Content: The discipline of sociology is offered with an understanding that the
sociological categories and approaches can influence to a greater extent the legal
reasoning in our context. It is essential for law students to have a basic and critical
understanding of social issues, processes and, relations, as law is inextricably related to
socio-political institutions and language of power and governance. The course is
structured around a number of basic concepts, social issues, social processes and theories.

Methods of Teaching and Learning: It is a combination of lecture and discussion of

course readings. The lectures will not simply summarize the course readings. The lectures
will utilize material from the course readings, but they will also go beyond the readings in
a variety of ways. They will often address theories, concepts, issues, etc. that are not
discussed in the readings. The lectures and the readings are intended to complement each
other, not copy each other. In order to develop their own perspectives on the issues that
are discussed in the readings, the students will be asked to raise certain questions and
discuss them in the classroom after the lectures everyday. Therefore students are
expected to read all the required readings before class and be prepared to discuss the
major issues raised in the material, as well as ask questions about the readings and the
lectures. You are also encouraged to read recommended readings, mentioned in the
lectures and identified on the course outline below.

Course Outline:

I. What is Sociology? (4 Hours)

a) Developing a sociological outlook

b) The difference between sociology and common sense

 c) Sociology: Issues and Problems

II. Primary Concepts (4 Hours)

a) Society and Community

b) Norms and Customs

III. Social Institutions (5 Hours)

a) The Family and Marriage

b) Religion

IV. Social Stratification (5 Hours)

a) Class
b) Caste
c) Gender
d) Race

V. Social Processes (4 Hours)

a) Socialization

b) Social Mobility

c) Religious Conversion

d) Social Exclusion and Inclusion

VI. Social Problems: (5 Hours)

a) Deviance and Compulsive Deviance

b) Crime, Organized Crime and White Collar Crime

VII. Theories of Society: Basics (9 Hours)

a) Functionalism
b) Marxism
c) Webers contribution to sociological theory

VIII. Social Structure and Change in India (12 Hours)

 a) Village Community

b) Caste: Theories of caste, Sanskritization, and Dominant Caste

c) Class: Class and Caste relations in India, Understanding Indian Middle and
Working Classes

d) Religion: Great and Little Traditions, Universalization and

Parochialization, and Religion as Faith and Religion as Politics

e) Social Movements in India: Old and New

Recommended Readings:

1. Abraham, M.F. (1988). Modern Sociological Theory: An Introduction Delhi:

Oxford University Press.
2. Berreman, G. D. (1971). The Brahminical View of Caste. Contribution to Indian
Sociology (N S) 5.
3. Beteille, Andre. 2002. Sociology: Essays on Approach and Method. New Delhi:
Oxford University Press
4. Bottomore, T.B. (1972). Sociology: A Guide to Problems and Literature. Bombay:
Blackie & Sons (India) Ltd
5. Das, Veena. (1992). Mirrors of Violence. Delhi: Oxford University Press
6. Das, Veena. (1996). Critical Events: An Anthropological Perspective on
Contemporary India. New Delhi: Oxford University Press
7. Deshpande, Sathish. (2003). Contemporary India: A Sociological View. New
Delhi: Viking
8. Dumont, Louis (1980) Homo Hierarchicus: The caste system and its implications.
Chicago: University of Chicago Press.
9. Dumont, Louis and D.F. Pocock (1959). Village Studies. Contributions to Indian
Sociology 1, 23-172.
10. Dumont, Louis. (1965). The functional equivalents of the individual in caste
society. Contributions to Indian Sociology. VIII.Oct.
11. Fuller, C.J. (1999). The Brahmins and Brahminical Values in Modern Tamil Nadu.
In Ramachandra Guha and Jonathan Parry. (eds) Institutions and inequalities. New
Delhi: Oxford University Press.
12. Geetha, V. (2002). Gender. Calcutta: Stree
13. Giddens, Anthony. (1986). Sociology: A Brief but Critical Introduction. London:
The Macmillan Press Ltd
14. Giddens, Anthony. (2001). Sociology. Cambridge: Polity
15. Goode, W. J. and Paul K. Hatt. (1981). Methods in Social Research. Singapore:
Mc Graw-Hill Book Company
16. Guru, Gopal (1993). Dalit Movement in mainstream Sociology. Economic and
Political Weekly XXVIII.14.
17. Guru, Gopal (2001). Dalit cultural movement in Maharstra. In Ghanshayam, Shah
(ed). Dalit Identity and politics. New Delhi: Sage Publications.
18. Guru, Gopal (2001). The language of DalitBahujan Political discourse. In
Ganshayam, Shah (ed). Dalit Identity and Politics. New Delhi: Sage Publications.
19. Haralambos, M and R. M. Heald. (1980). Sociology: Themes and Perspective.
Delhi: Oxford University Press
20. Hobson, Barbara. (2003). Recognition Struggles and Social Movements.
Cambridge. Cambridge University Press
21. Inkeles, Alex. (1997). What is Sociology? New Delhi: Prentice-Hall of India
Private Limited
22. Silver, Hilary 2007 The process of social exclusion: the dynamics of an evolving
concept CPRC Working Paper 95 Providence: Brown University
23. Srinivas, M.N. (1952). Religion and Society among the Coorgs of South India.
London: Oxford University Press.
24. Srinivas, M.N. (1969). India- Social Structure. Hindustan Publishing Co.
25. Srinivas, M.N. (1987). The Dominant Caste and Other Essays. Delhi: Oxford
University Press.
26. Thompson, K and Jeremy Tunstall (eds). (1983). Sociological Perspectives.
Harmondsworth: Penguin Books Ltd.
27. Tilly, Charles. (2003). The Politics of Collective Violence. Cambridge: Cambridge
University Press
28. Young, P.V. (1996). Scientific Social Surveys and Research. New Delhi: Prentice-
Hall of India Private Limited
 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
I YEAR I SEMESTER B.A., LL.B. (HONS.) DEGREE COURSE

PAPER III POLITICAL SCIENCE I SUBJECT

CODE: HAAC

INTRODUCTION TO POLITICAL SCIENCE

Political science as a subject deals with the theory of State, its relationship with
society, social groups and individual and interstate relations. The subject mainly
comprises the study of political theory; political thought; political institutions; political
process; political participation; public policy and international affairs. The scope of this
subject is vast and is evolving continuously. Legal system is a sub system of the sate
system on the basis of which distributive and regulatory functions take place.

This is a basic course of political theory to the B.A., LL.B (Hons) students. It
contains outline of political science especially in the context of state building
perspectives and providing analytical skills is the key purpose of this course. Students
will be introduced to the key concepts of state and political power and gradually will
acquaint with ideas of law, liberty, and equality, rights and obligations. Further they will
be given inputs into ideologies revolving around these key ideas. Forms and nature of
government will also be introduced to them. Course is a blend of traditional and
contemporary issues.

COURSE IS DIVIDED IN TO SIX MODULES

MODULE 1
INTRODUCTION TO THE STUDY OF POLITICAL SCIENCE

This module will introduce core area study of political science with its meaning, nature
and scope. It elaborates on the concept of state fundamental area of enquiry of politics,
further discusses about the nature of Political Power and its legitimacy. During this
process various explanations of the origin, growth and existence of the state through
ancient, medieval and modern phases will be dealt with. This module also discusses the
concept of Sovereignty and Austins theory of sovereignty.

CONTENTS

1. Meaning, Nature and scope of Political Science

 2. Concept of State Definition, Origin and Significance
3. Concept of Sovereignty Austins Theory of Sovereignty
4. Meaning of Political Power, authority and legitimacy of the power
MODULE 2
ESSENTIAL THEORETICAL ASPECTS OF POLITICAL SCIENCE I

DESCRIPTION

This Module will deal with quintessential aspects of political theory. Law, Liberty and
equality will be introduced as interwoven concepts. Contradictory and complimentary
relationship between these concepts will be discussed. It starts with the prime ideas of
equality and liberty and explains how these ideas are interwoven into debates around
rights. The purpose of the module is to introduce the link between perennially debated
concepts.

1. Law: Sources of Law

2. Liberty: Meaning and scope
3. Equality: Meaning and Scope
4. Rights and obligations: of Citizen and State

MODULE 3
ESSENTIAL THEORETICAL ASPECTS OF POLITICAL SCIENCE II

DESCRIPTION

This module continues the theoretical debate further and tries to explain how strong
political convictions that means ideologies takes place based on the prime concepts of
Library, equality and justice. Ideas from liberalism to multiculturalism will be discussed.
Various hues of liberal and socialist school of thought will be introduced. Neo
liberalism, welfare state etc., will be dealt with. This chapter gives a panoramic view of
essential debates in politics ranging from new liberalism to multiculturalism. This
module paves way to understand political process, nature and organization of state
further.

CONTENT

Liberalism: Classical and Modern

Socialism and Communism
 Anarchism: Negating State and Resistance to State
Nationalism : Origins and Prospects
Multiculturalism : Evolution of the concept and its future

MODULE 4
STUDY OF POLITICAL INSTITUTIONS
DESCRIPTION

In this chapter the distinction between state and government will be discussed. Further
the concept of constitutional government will be discussed. The relationship between
Legislature, Executive and Judicatory will be discussed. The origin of concept of
separation of powers will be presented. Nature and the forms of various governments
will be introduced using comparative political analysis. The concepts like rise of the
executive, nature of the legislature etc., will be discussed. Further distinction between
Government and democracy also will be highlighted. The nature and the context of the
governments and relationship between types of the government will be highlighted.

State and government

Constitutionalism and Constitution
Organs of the Government : Legislative, Executive and Judiciary
Forms of Government
MODULE 5
PUBLIC OPINION AND CIVIL SOCIETY
DESCRIPTION

The concept of public opinion and its importance for the ruling systems, making of public
opinion will be brought out. The Interaction of state and public opinion will be analyzed.
Effort of states to mould public opinion and influence of public opinion on the political
elite will be explained. Role of mass media in shaping public opinion will be dealt with.
Mass Media will be explained as a tool of dissidence and also a tool of consent building
to the ruling system will be explained. The evolution of the concept of civil society will
be explained from the items of social contractualism thought to current day. The
relationship between civil society and state will be explained.

CONTENT

Public opinion : concept and impact on the state

Media as an instrument of public opinion and its political impact

 Civil society: concept, nature and scope

Civil society political process

Teaching Methodology

Teaching will be more interactive and discursive in nature. Reading material from
authentic sources will be provided to the students. Apart from reading material, well
acclaimed sources like chapters from original writings, reference books and journals
also will be provided. The teacher will use the known to unknown method of teaching.
The students will be taken into theoretical nuances through illustrations. Comparative
political approach will be used to illustrate concepts. Indian examples also will be used
in an appropriate manner. Audio visual content also will be used to facilitate debates on
key issues. Classroom discussions will be organized on selected topics.

Essential Readings

1. Andrew Heywood, Political Theory : An Introduction, New York : Palgrave

Macmillan, 2004,

2. Andrew Vincent : Modern Political Ideologies : Willy Blackwell 2010

3. Ellen Grisby, Analyzing Political science : an introduction to political science

Wadsworth Cengage 2010

4. Gerald Gauss, Political Concepts and Political Theories, 2000

5. James. W. Mc Aulay, An introduction to politics state and Society, sage 2003

6. John Hoffman and Paul graham : Introduction to Political Theory, Pearson 2010

7. John. S. Dryzek.et al: Oxford Handbook of Political Theory : 2006

8. Lymen Tower Sargent : Contemporary Political Ideologies, Wordsworth Cengage

2009

9. N.D. Arora and S.S. A vasthi, Political Theory, Har Anand, New Delhi 2007

10. O.P. Gauba, An Introduction to Political Theory, Mcmillon 2003

11. Rajeev Bhargava and Ashok Acharya (ED), Political Theory and introduction,
Pearson education, 2008

12. Stephen. D. Tancy and Nigel Jokson, Politics The Basics, Routledge 2006

13. Will Kymlica: Contemporary Political Philosophy an Introduction Oxford 2002

 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
I YEAR I SEMESTER B.A., LL.B. (HONS.) DEGREE COURSE

PAPER: IV LEGAL METHODS SUBJECT

CODE: HAAD

The universe of law can be constituted ideationally, systemically, institutionally and

contextually. When we associate the production of the law with the institutions which
make or implement it such as the legislature or the police or the courts we are traversing
the legal universe institutionally. The systemic concerns of law influence the relationship
between legal institutions as we as the values informing them. Consequently the
construction of these institutions or the role allocated to them could alter depending upon
the system in which they are situated. For example the common law system perceives the
role of a judge differently from a civil law system; and the process of making law is
different in the international and municipal legal systems. Lastly what should be
categorized as law? Can the fact that a norm has been given its imprimatur by a
designated authority sufficient to categorize it as law or are the norms to fulfill some
qualitative criteria of justice to be perceived as law? Are the rules and norms found in
books law or are the practices which people follow in fact law? Since none of these ways
of constructing the legal universe are exclusive of the other; hence a rounded
understanding of law and its methods require a familiarity with each of these spheres and
the associated method. The course curriculum shall be executed to show how the various
spheres of this universe can and should intersect. The modules have been devised
accordingly.

Objectives of the Course

To familiarize you with the various parts of the legal universe

To appreciate the manner in which different parts intersect and how each part
should be navigated with an understanding of the whole
To provide you with the knowledge, skills and understanding to negotiate different
parts of this legal universe and to thus equip you to think of yourself and embark
on your journey as student-citizen.
PART I Constructing and Deconstructing the Legal Universe (24 class hours)

Module I: An ideational understanding of law

This module familiarizes you with the various perspectives from which law is theorized
even as the institutional or positivist mode of looking at law has assumed on
overwhelming importance. Insofar as the positivist lens robs the individual citizen of
agency it is important to look at law from varied perspectives and appreciate how these
perspectives nuance and layer our understanding of law.

Module II: Evolution and Relevance of varied Systems of Law

Insofar as law develops in response to wider social and political development, there are
varied systems of law subsisting in different parts of the world. Any holistic
understanding of law in this globalizing era cannot be restricted to the system of law
subsisting in ones own country but has to extend to all legal systems. Such
understanding in also required due to the expending reach of international law. It is not
possible to negotiate the content of law in international fora without an understanding of
the varied systems subsisting in the world.

Module III: An Institutional Understanding of Law

An institutional understanding of law primarily underscores the fact that in every system
specific institutions have been designated to perform varied law jobs be they of
legislating, enforcing, adjudicating or regulating. This module aims to provide
familiarity with those institutions whilst showing by using the example of India how
constitution makers exercise choice in adopting a particular design to constitute the legal
institutions of a country. The module also examiners the varied principles which have
been put out by judges and jurists to guide the inter se relationship between the
institutions.

Module IV: Contextual Understanding of Law

The operation of law does not just after with the socio-political climate it also changes
according to the specific legal context. Thus the system of penal norm creation is
different from the civil one. Laws operating in the realm of taxation vary from those
operating in the field of welfare. A change of context alters the considerations which
operate in both the making and the interpretation of laws. This module seeks to acquaint
the student with those considerations.

Part II Relationship between Methods and Materials

The first part of the course acquainted you with the different spheres in the legal universe
and how each of these spheres give birth to their own methods and thereby contribute to
the learning of law. In this part we explore the relationship between methods and the
materials and understand how the methods studied in the previous part enable us to both
create and study legal materials from varied perspectives.
Module V: The enactment enforcement and interpretation of a Legislation

This module would look at the activity of lawmaking from an institutional and ideational
standpoint. On the institutional axis questions of jurisdiction and the primacy of the
legislature would come to the fore; whilst on the ideational axis the substance of the
legislation would be foregrounded. The institutional plane would point out how a body
making law on a specific subject matter is required to possess jurisdiction in the matter.
Here the conflict between the Centre, States and local governments are at issue. Of
significance here also would be the inter se relationship between the legislature and the
judiciary in the lawmaking process. The ideational route of reading legislations would
require the validity to make it ; but by qualitatively evaluating the law that was made
from the lens of the varied ideational perspectives discussed in Module 1.

Module VI Relationship between Legislation and Subordinate Legislation

The relationship between legislation and subordinate legislation shall be again studied
from the standpoint of institutional essentialism whereby the subordinate legislation is to
be totally guided by the legislation and any departure from the legislation nullifies the
subordinate legislation. The practice of the rule may however show that it is the
executive and not the legislature which is determining the law in action. This practice
brings forth the gap between the law in books and the law in action. It also asks for a lot
more critical analysis of the rule in law. If a rule is only observed in the breach then
should it be still referred to as the rule? Or would it not be more accurate to accept that
the practice is the rule and devise oversight accordingly. Also what would be the
legitimacy of law making in a parliamentary democracy if the operative laws are not
being made by Parliament but by the Government? Questions would also need to be
raised around the transparency of this manner of law making and the involvement of the
people in the lawmaking process.

Module VII Varied Modes of Reading a Case

The common law system studied in Module II highlighted how law could develop
through a process of accretion case by case. The demands of stability and change being
played out by the adoption of the doctrine of stare decisis. How the doctrine of stare
decisis influences the reading of a case is the concern of this module. The doctrine of
stare dicisis makes a distinction between ration decidendi and obiter dicta however how
do these distinctions play out in practice. On the traditional categorization if the court
pronounces on an issue which was not in dispute then is the entire judgment obiter dicta.
How should judicial legislation be read or cases where the court has laid down guidelines
for parties who are not before it ? What is the status of authoritative statements on non
law matters in court judgments? What insights are provided by non positivist reading of
judgments? And what is missed when a case is only read in accordance with positivist
theory only.

Module VIII: Interplay between Law and Policy

In this module the difference between law and policy would be discussed. How sanctions
back the norms of law whereas considerations of policy are supposed to be only
persuasive. At the same time whilst laws are subject to judicial review policies are non
justiciable. This is so even when law is a vehicle to enforce policy. In the circumstances
it would be necessary to consider whether it is policy or law which has more
determinative influence on public decision making and individual rights.
 TAMIL NADU NATIONAL LAW SCHOOL, TIRUCHIRAPPALLI
I YEAR I SEMESTER B.A., LL.B. (HONS.) DEGREE COURSE

PAPER: V LAW OF TORTS SUBJECT CODE: HAAE

COURSE OBJECTIVE AND METHODOLOGY

Law of Torts is basically a judge made law, students are required to study it in the light of
judicial pronouncements. They are required to equip themselves with the latest
developments extending to the entire course.

UNIT-I

NATURE AND FOUNDATION OF LAW OF TORTS

Law Meaning, Objects Civil and Criminal Law Sources of Law Historical
Perspective of Law of Torts Torts Law in England and India.

Nature, Meaning and definition of Torts Salmond and Winfields definition on Tort
Right, Duties, Injuries, Damage and damages Remedy.

Distinction between Crime and Tort, Tort and Contract, Tort and Trust Privity of
Contract and Tortious Liability.

General Principles of Tortious Liability Injuria sine damnum Damnum sine Injuria
Fault as an Essential Condition No fault liability Malice in law and Malice in fact
Intentional Torts.

White V. John Warrick & Co., Ltd., (1953) 2 All ER 1021 1

Town Area Committee V. Prabhu Dayal, AIR 1975 All. 1325
P. Seetharamayya V. G. Mahalakshmamma, AIR 1958 AP 103 7
Jayalakshmi Salt Works Pvt. Ltd. V. State of Gujarat (1994) 4 SCC 1
State of A.P.V.Govardhanlal Pitti (2003) 3 SCALE 107
Ashby V. White (1703) 2 Lord Raym 938 II
Municipal Corpration of Agra V. Asharfi Lal, AIR 1921 All. 202
Mayor of Bradford Corpn. V. Pickles (1895) AC 587
Glouscester Grammer School Case (1410) Y.B. 11 hen. IV of 47
 UNIT-II

CAPACITY OF PARTIES AND GENERAL DEFENCES

Act of State/Crown- Sovereign Immunity- Capacity to sue and be sued- Judicial Officers-
Rights of unborn children, Minors and Married women- Lunatics and Corporations

Independent and Joint tort- Feasors , Composite Tort Feasors.

General Defences:

Volunti non fit injuria- Inevitable Accident- Plaintiffs own wrong- Act of God-
Private defence- Necessity- Mistake- Statutory Authority
Smith V. Charles Baker and Sons (1891) AC 325 (HL) 12
South Indian Industrial Ltd., Madras V. Alamelu Ammal, AIR 1923 Mad. 565 17
Haynes V. Harwood (1935) 1 K B 146 18
Ramchandraram Nagaram Rice & Oil Mills Ltd. V. Municipal
Commissioners of Purulia Municipality, AIR 1943 Pat. 408 23. Mahindra Nath
Mukherjee V. Mathuradas Chatturbhuj, AIR 1946 Cal. 175 27
Hall V. Brooklands Auto Racing Club (1932) 1 KB 2015
T.C. Balakrishnan V. T. R. Subramanian, AIR 1968 Ker. 151

UNIT-III

FUNDAMENTAL KINDS OF TORTIOUS LIABILITY

Vicarious Liability

Qui facit per alieum facit per se- Principal and Agent ,Master and Servant-In the course
of employment- Independent Contractor-Common Employment.

Strict Liability

Rule in Rylands vs. Fletcher- Exceptions to Strict liability- Absolute Liability- MC

Mehta vs. Union of India- Motor Vehicle Act- Workmens Compensation Act- Public
Liability Insurance Act- Environmental Protection Act- Toxic Tort.
State Liability

Basis of Liability Position in England and India; Government Liability in Torts (1)
Constitutional Provisions; Sovereign and Non-Sovereign Functions; Law Commission of
India First Report, 1956; Violation of Fundamental Rights and Sovereign Immunity.

Economic Tort

Passing off Action- Foreign Tort- Cyber Tort- Cyber Stalking- Cyber Trespass Cyber
breach of privacy- Obscenity- E-Mail bombing- Cyber defamation-
Liability for Animals - Scienter Rule - Animals ferae naturae- aAimals mansuetae
naturae- Cattle Trespass.

Rylands V. Fletcher (1868) Letter 3 HL 330. 140

M.C. Mehta V. Union of India, AIR 1987 SC 1086. 145
M.P. Electricity Board V. Shail Kumar, AIR 2002 SC 551. 152
The Madras Railway Co.V. The Zemindar of Carvatenagarum, Letter (1874) 1 IA
364
State of Rajasthan V. Vidyawathi (1962) Supp. 2 SCR 989 154
Kasturilal Ralia Ram Jain V. State of U.P. (1965) 1 SCR 375 160
N. Nagendra Rao & Co. V. State of A.P., AIR 1994 SC 2663 169
Chairman, Railway Board V. Chandrima Das (2002) 2 SCC 465

UNIT- IV

SPECIFIC TORTS

Negligence- Essentials of Negligence- Ros ipsa loquitur Nervous shock- Contributory

and Composite Negligence- Novus actus inter venients.

Nuisance: Private and Public Nuisance - Defamation- Libel and Slander- Exceptions-
Trespass- Trespass ab initio- False Imprisonment- Malicious Prosecution- Assault and
Battery- Deceit and Conspiracy.

Donoghue V. Stevenson (1932) All ER Rep. 1 34

Municipal Corporation of Delhi V. Subhagwanti, AIR 1966 SC 1750 40
Pinnamaneni Narasimha Rao V. Gundavarapu Jayaprakasu, AIR 1990 AP 207 43
Indian Medical Association V. V. P. Shantha, AIR 1996 SC 550 54
Jacob Mathew V. State of Punjab (2005) 6 SCC 1
Hambrook V. Stokes Bros. (1924) All ER Rep. 110 84
 (Hay or) Bourhill V. Young (1942) 2 All ER 396 (HL) 89 McLoughlin V. O Brian
(1982) 2 All ER 907 (HL) 92
Alcock V. Chief Constable of the South Yorkshire Police (1991) 4 All ER 907 (HL)
106
Page V. Smith (1995) 2 All ER 736
Dulieu V. White (1901) 2 KB 669
King V. Phillips (1953) 1 QB 429
In Re An Arbitration between Polemis and Furness, Withy & Co. (1921) All ER
Rep. 40 124
Overseas Tankship [UK] Ltd. V. Morts Dock & Engineering Co.
[The Wagon Mound] (1961) 1 All ER 404 126
Hughes V. Lord Advocate (1963) AC 837 130
Smith V. Leech Brain & Co. (1961) 3 All ER 1159
UNIT-V

REMEDIES

Damages- Measure of Damages- Kinds of Damages- Contemptuous, Nominal,

Exemplary Damages- Temporary and Permanent Injunctions- Extra-Judiciary Remedies
and Discharge of Torts.

London and Manchester Assurance V.O and H Construction, 1989 29 EG 65.

UNIT-VI

CONSUMER PROTECTION ACT, 1986

Books for Reference:

Winfield & Jolowizz- Law of Torts, Sweet & Maxwell, 15th Ed, London-1998
Salmond & Hueston on Law of Torts, Sweet & Maxwell, 20th ed-1998
Weir- Case Book on Tort, Sweet & Maxwell &7th Ed London 1992
W.H. Roger- the Law of Tort, sweet & Maxwell second India reprint, 1995
David Green- Law of Torts , Cavendish pub. Ltd 5th reprint 1993
Ramasamy Iyer- The Law of Torts ,10th Ed Lexis Nexis Butterworths 2007
P.S.A Pillai- Law of Torts ,9th ed Eastern Book Company 2009
Ratanlal and Dhirajlal Law of Torts , 24th edition Reprint, Wadhwa and Co. 2004.
B.M. Gandhi Law of torts, Eastern book co. Lucknow 1990
R.K Bhangia Law of Torts,Allahabad Law Agency, 2010