
Trace the origins of tort law in the common law system, compare Salmond's pigeonhole theory with Winfield's dynamic view, and explain trespass, case, rights, injury, damage, and evolving defenses.
Tortious liability is a civil, contract- and crime-independent wrong aimed at compensation, with unliquidated damages, not punitive by default, and distinct from criminal law.
Examine injuria and damnum in tort law, detailing damages and exemptions, illustrated by Mayor of Bradford v Pickles and McGregor v Mogul Steamship Co, noting competition act remedies.
Learn how tort law recognizes legal injury with or without damage, leading to nominal damages; illustrated by Ashby v White and Constantine v Imperial Hotel, plus actionable per se.
Identify general defenses in tort, including necessity, exemptions, and volenti non fit injuria, with consent and prior informed consent shaping liability.
Explore how consent limits tort liability, including express and implied consent and volenti non fit injuria, with Hegarty v Shine as a guiding case.
Explore statutory authority as a tort defense, distinguishing sovereign public functions from commercial state activities, and require due care and good faith when a statute empowers an entity to act.
Discuss novus actus interveniens, where a third party's act leads to injury, and examine defenses, contributory negligence, and the shift to apportionment of damages.
Explore how fault underpins tort liability, defining legal injury and damage, and how mental element and defenses shape civil liability in contrast to criminal law.
Discusses how fault under tort law distributes risk through civil liability, criminal accountability, and welfare-state tools like social security and insurance, with examples from asbestos, thalidomide, and Bhopal.
Fault as the basis of tort liability evolves in a modern welfare state, with no-fault schemes, statutory boards, and social security distributing risk.
Explore how vicarious liability holds employers accountable for employees' torts in the course of employment, and how strict liability extends liability beyond fault through Rylands v. Fletcher.
Explore vicarious liability and the master and servant distinction, clarifying when a worker is an employee or independent contractor, including contracts for services, control, and aggregators like Ola and Uber.
Explain vicarious liability under master and servant, showing that torts in the course of employment for the master's benefit incur liability, with driver and conductor roles and contributory negligence.
Explore the Rylands v Fletcher (1867) strict liability: non-natural use of land, collection of a thing not originally there, its escape, and the resulting damages.
Trace the shift from strict to absolute liability in environmental torts, guided by the Stockholm Declaration's precautionary principle and polluter pays, with Read v. Lyons and MC Mehta as cases.
Step into the dynamic world of tort law with "Basis of Torts," a foundational course tailored for law students, judicial aspirants, civil service examinees, and practicing legal professionals in India. This course offers an illuminating exploration of civil wrongs, rights, liabilities, and legal remedies through a uniquely Indian lens.
Through four meticulously designed modules, learners will journey from the roots of tortious liability to its modern-day applications. You'll begin with the historical and theoretical underpinnings of tort law, grasping core concepts like damnum sine injuria and injuria sine damnum, and understanding what truly constitutes a legal wrong.
Next, you’ll examine pivotal defenses available in tortious claims and engage with real-world applications such as trespass, statutory authority, and public interest justifications. As the course progresses, the spotlight shifts to the role of fault and evolving liability standards—including strict, absolute, and vicarious liability—highlighting the shifting trends in jurisprudence.
Finally, the course takes a practical turn, focusing on employment-related torts. Here, distinctions between servants and independent contractors are critically analyzed, along with doctrines relating to liability during the course of employment.
This course is more than an academic introduction—it's a legal toolkit. Whether you're preparing for litigation, exams, or policy-making roles, "Basis of Torts" equips you with the analytical framework to understand, interpret, and apply tort principles in real-life legal contexts.
What You’ll Gain:
A thorough grounding in foundational tort law principles
Practical insights into fault, liability, and remedies
Jurisprudential and case law-based understanding relevant to Indian courts
Analytical tools to assess civil wrongs in both private and public domains