Law of Torts and Consumer Protection

Basic

•Originated from and part of Common law legal system;
•Mostly developed by case laws;
•Arises out of circumstances;
•Part of civil law as opposed to criminal law;
•An advanced view towards a civilized society.
•Originated from public awareness and civil society movements;
•Comparatively new branch of law;
•Can be both civil and criminal by nature and provisions.
Studying Torts:
•Definition
•Nature
•Classification
•General principles
•Liability
•General exceptions
•Capacity of parties
•Remedies
•Specific Torts:
1.Trespass;
2.Defamation;
3.Negligence;
4.Nuisance;
5.Malice;

Battery and Assault etc

studying Consumer Protection law:
•Laws;
•Important definitions;
•Administrative authorities;
•Civil and criminal remedies;
•Offences and punishments;
•Courts and jurisdictions;
•UN guidelines;
•Common cheatings etc.
•Concept origin: Ubi jus ibi remedium
•Terminology origin: Latin ‘Tortum’ or ‘Tortus’
•English meaning: Injury
•Literal meaning: Wrong
•Salmond: ‘a civil wrong……remedy is damages….. Neither arising out of contract, nor trust or any equitable obligation.’
•Commonly accepted definition:

A civil wrong that arises exclusively out of facts or circumstances and for which the ultimate remedy is compensation.

Tort excludes the following:

1.Criminal acts;
2.Wrongs for which there are other principal remedies;
3.Breach of contracts;
4.Breach of trust or equity.
•Commonly accepted definition:

A civil wrong that arises exclusively out of facts or circumstances and for which the ultimate remedy is compensation.

Tort excludes the following:

1.Criminal acts;
2.Wrongs for which there are other principal remedies;
3.Breach of contracts;
4.Breach of trust or equity.

Tort Definition:

•A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor.
•Fraser’s definition: ‘an infringement of a right in rem……. of a private right………resulting in a right to compensation for the injured party.’

Nature of tort:

•Right in rem
•Private right as opposed to public right
Classification of tort:
•Broadly three types:
•Basis: How the tort occurs or the type of fault involved
1.Intentional torts;
2.Negligent torts;
3.Strict liability torts.
Rights and interest originated from tort:
•Personal and physical safety;
•Protection of property;

Protection of intangible interests

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