DAMAGE PAYABLE UNDER LAW OF

TORTS
PROPOSAL MADE BY

SUBMITTED BY: SARVJEET KUMAR

ROLL NO:1973
SEMESTER: FIRST
SESSION: 2018-2023
COURSE: BA.LLB.(HONS)
PROPOSAL MADE TO

Mrs SUSHMITA SINGH

FACULTY OF LAW OF TORTS
RESEARCH PROPOSAL SUBMITTED IN PARTIAL
FULLFILMENT OF COURSE
LAW OF TORTS

AUGUST 2018
CHANAKYA NATIONAL LAW UNIVERSITY
NAYAYA NAGAR, MITHAPUR, PATNA-800001
 INTRODUCTION

Tort law, where the purpose of any action is to obtain a private civil
remedy such as damages, may be compared to criminal law, which
deals with criminal wrongs that are punishable by the state. Tort law
may also be contrasted with contract law which also provides a civil
remedy after breach of duty; but whereas the contractual obligation is
one chosen by the parties, the obligation in both tort and crime is
imposed by the state. In both contract and tort, successful claimants
must show that they have suffered foreseeable loss or harm as a direct
result of the breach of duty. In law, damages are an award, typically
of money, to be paid to a person as compensation for loss or injury.
The rules for damages can and frequently do vary based on the type of
claim which is presented (e.g., breach of contract versus a tort claim)
and the jurisdiction. At common law, damages are categorized
into compensatory (or actual) damages, and punitive
damages. Compensatory damages are further categorized into special
damages, which are economic losses such as loss of earnings,
property damage and medical expenses, and general damages, which
are noneconomic damages such as pain and suffering and emotional
distress.

AIMS AND OBJECTIVE

Researcher wants to focus on damage payable under law of torts

through this project by following some landmark cases and their
judgements and what kind of remedy or compensation available under
law of torts in different civil wrongs.

RESEARCH METHODOLOGY

The researcher will preparing their project by relying upon doctrinal

resources.
 SOURCE OF DATA

The researcher will be going through both primary and secondary

sources to complete their project.
1. Primary source: books
2. Secondary source: material available on the internet

TENTATIVE CHAPTERIZATION

1. An introduction
2. Damages
i. Measure of damages for personal injury
ii. Attendant’s expenses
iii. Damages in case of shortening of expectation of life
iv. Compensation payable under the railways act, 1989
3. Damages under the fatal accidents act, 1855
i. The dependents who can claim compensation
ii. Assessment of value of dependency
iii. Interest theory
iv. Multiplier theory
v. Deduction from the capitalized
vi. Damages when deceased not earning
vii. Damages for the loss of consortium
viii. Effect of remarriage of the claimant on damages
4. Damages for medical negligence
5. Damages –negligence causing death
6. Damages-liability of state
7. Liquidated damages and penalty
8. Defamation-damages
9. Mitigation of damages
10. Trespass-damages
 LIMITATINOS OF THE STUDY

The “Law of Torts” not being much prevalent in our country, the
researcher has territorial and monetary limitations in completing the
project at hand. Moreover, taking the time into consideration, the
researcher has to rely upon the doctrinal method of research.

BIBLIOGRAPHY
Webpages:
i. https://en.wikipedia.org/wiki/Damages
ii. http://www.hosseinilaw.com/types-of-damages-in-civil-
litigation/
iii. https://law.freeadvice.com/litigation/civil_law_suits/damages_ty
pe.htm
iv. https://www.cwcd.com/blog/legal-guide/3-types-damages-
recoverable-lawsuit/

Books:
i. Law of TORTS By : Dr Bangia R.K