PAPER- IV: LAW OF TORTS AND CONSUMER PROTECTION LAWS Short Answer

PAPER- IV:

LAW OF TORTS AND CONSUMER PROTECTION LAWS :

Unit-l

1. Define the term ‘Tort’. What are its essential elements?

A tort is a civil wrong, other than a breach of contract, for which the court provides a remedy in the form of damages. It arises from the violation of a legal duty owed to another person. The word “tort” is derived from the Latin term tortus, meaning “twisted” or “crooked”.

Essential Elements of Tort:

Wrongful Act or Omission – There must be a legal wrong.
Legal Damage – There should be a violation of a legal right.
Legal Remedy – The remedy is generally in the form of unliquidated damages.

The classic case of Donoghue v. Stevenson (1932) laid the foundation of modern tort law, establishing the “neighbour principle” and the duty of care in negligence cases.

2. Discuss the development of Tort Law in England and India.

In England, tort law evolved from common law, based on judicial decisions. Initially, only physical injuries or trespass were recognized, but over time, other torts like negligence, defamation, and nuisance were developed. It is largely judge-made law.

In India, tort law was inherited from the British legal system during colonial rule. Although India does not have a codified law of torts, it relies heavily on English principles and Indian judicial decisions. Indian courts have adapted tort law to suit local conditions, incorporating principles of social justice.

Cases like M.C. Mehta v. Union of India illustrate how Indian tort law evolved uniquely, especially in applying absolute liability for environmental damage, going beyond English common law principles.

3. What is a wrongful act in tort law?

A wrongful act in tort is any act or omission that violates the legal rights of another and leads to legal damage. The act must be one that the law considers wrong — not just morally but legally. It can be intentional, negligent, or even an act done without fault in some strict or absolute liability cases.

Examples:

Trespassing on someone’s land.
Publishing false defamatory statements.
Negligently causing an accident.

The wrongful act must result in the violation of a legal right, not just any form of harm. Thus, for a tort to be actionable, the injury must be recognized by law.

4. Explain the concept of legal damage.

Legal damage refers to the violation of a legal right. It may or may not involve actual physical or monetary harm. If a person’s legal right is violated, they are entitled to a remedy, even if no physical damage occurred.

The maxim Injuria sine damnum supports this idea: violation of a legal right without actual loss is actionable. For example, stopping someone from entering public space without authority is a tort, even if they suffered no economic harm.

In contrast, Damnum sine injuria—actual loss without legal injury—is not actionable. This distinction ensures only those harms violating legal rights are compensated.

5. Distinguish between Tort and Crime.

Basis	Tort	Crime
Nature	Civil wrong	Public wrong
Purpose	Compensation to victim	Punishment of offender
Proceedings	Initiated by victim	Initiated by state
Remedy	Damages	Imprisonment/fine
Standard of Proof	Preponderance of probabilities	Beyond reasonable doubt

For example, assault can be both a tort (if damages are claimed) and a crime (if prosecuted by the state).

6. Distinguish between Tort and Breach of Contract.

Basis	Tort	Breach of Contract
Origin	Law-imposed duty	Agreement between parties
Duty	Owed to society or individual	Owed to contracting party
Intent	Can be independent of intention	Intentional failure to perform
Damages	Unliquidated	Liquidated (pre-determined)

A contract is enforceable only between parties involved, but a tort can be committed against any individual.

7. What are the general principles of liability in torts?

Liability in tort is based on certain general principles:

Fault-based Liability – Based on negligence or intent.
Strict Liability – No need to prove fault. Established in Rylands v. Fletcher.
Absolute Liability – No exceptions or defences allowed (e.g., M.C. Mehta v. Union of India).
Vicarious Liability – One person held liable for another’s act (e.g., employer for employee).
Statutory Liability – Imposed by law, especially in welfare or safety legislation.

These principles determine how courts assign responsibility and provide compensation.

8. Explain the concepts of Fault, Wrongful Intent, and Malice.

Fault refers to blameworthy conduct such as negligence or recklessness.
Wrongful intent involves deliberately committing a wrong, such as intentionally defaming someone.
Malice means doing an act with ill will or spite. In law, malice can be express (actual ill-will) or implied (deliberate disregard of others’ rights).

For example, in defamation, malice may negate defences like fair comment or privilege.

All three contribute to the determination of liability and can affect the quantum of damages.

9. What is negligence in tort law?

Negligence is the breach of a legal duty to take care, resulting in damage to another person. The leading case is Donoghue v. Stevenson, where the court established the duty of care principle.

Essential Elements:

Duty of care exists.
Breach of that duty.
Resulting damage.

Example: A driver not stopping at a red light causes an accident — this is negligence.

Negligence is one of the most common torts and is central to personal injury claims and medical malpractice suits.

10. Who are the parties to tort proceedings?

The two main parties in tort proceedings are:

Plaintiff – The person who suffers legal injury and brings the action.
Defendant – The alleged wrongdoer against whom the action is brought.

In some cases, third parties may be involved, especially in vicarious liability or joint tortfeasors. The court adjudicates the matter and awards remedies like damages or injunctions.

For example, in a motor accident, the injured person (plaintiff) may sue the driver (defendant), and possibly the insurance company, depending on statutory provisions.

Here are Questions 11 to 20 (Short Answers, 200–250 words each) related to the Nature of Law of Torts, in English:

11. Explain the maxim ‘Injuria Sine Damnum’.

The Latin maxim ‘Injuria Sine Damnum’ means legal injury without actual damage. It refers to cases where a person’s legal right is violated, even though no actual loss or harm is suffered.

This principle was established in Ashby v. White (1703). In that case, the plaintiff, a qualified voter, was wrongfully prevented from voting. Though the result of the election was unaffected and he suffered no monetary loss, the court held that the violation of his legal right was sufficient to award damages.

The maxim reinforces that the infringement of a legal right itself is actionable, regardless of actual harm. It upholds the importance of legal rights and allows individuals to seek remedy when such rights are denied.

12. Explain the maxim ‘Damnum Sine Injuria’.

The Latin maxim ‘Damnum Sine Injuria’ means actual damage without legal injury. It signifies situations where a person suffers real harm or loss, but no legal right is violated. In such cases, no remedy lies in tort law.

A landmark case is Mogul Steamship Co. v. McGregor Gow & Co. (1892), where lawful business competition caused economic loss to the plaintiff. However, since the defendants had not violated any legal rights, the claim failed.

This principle emphasizes that not all harm is legally actionable. Only if a recognized legal right is infringed can a tort claim succeed.

13. What is strict liability in tort?

Strict liability is a legal principle where a person is held liable for damages caused by their actions, regardless of fault or negligence. It was established in the landmark case Rylands v. Fletcher (1868).

In that case, the defendant built a reservoir which burst and flooded the plaintiff’s mine. The court held that if a person brings something dangerous onto their land and it escapes, they are liable for any resulting damage — even without negligence.

Key Conditions:

Dangerous thing brought onto land.
Non-natural use of land.
Escape of the thing.
Damage caused.

Exceptions include:

Act of God,
Plaintiff’s own fault,
Consent of the plaintiff.

Strict liability ensures that those engaging in hazardous activities bear the burden of risk.

14. What is absolute liability? How is it different from strict liability?

Absolute liability is a principle in Indian tort law that holds a person liable without exceptions for harm caused by hazardous activities. It was developed in M.C. Mehta v. Union of India (1987) (Oleum gas leak case).

Difference from Strict Liability:

In strict liability, there are recognized exceptions (e.g., Act of God).
In absolute liability, no defences or exceptions are allowed.

This doctrine is applied when:

An enterprise is engaged in inherently dangerous activities.
Harm is caused to the public or environment.
The enterprise is liable absolutely — even if it took all precautions.

It ensures greater protection for the public, especially in industrial disasters, and reflects the social justice approach of Indian courts.

15. What is statutory liability in tort law?

Statutory liability arises when a person is made liable by specific legislation, rather than by general tort principles. It is imposed by law, often in matters concerning public safety, environment, or workers’ rights.

Examples include:

Motor Vehicles Act – liability for road accidents.
Factories Act – employer’s liability for workers’ injuries.
Environmental Protection Act – liability for pollution.

Unlike common law torts, statutory liability:

Does not require proof of fault (in many cases).
Is often strict or absolute in nature.
Prescribes specific procedures and remedies.

This form of liability promotes compliance with safety regulations and provides victims with a clear route for compensation.

16. What is vicarious liability?

Vicarious liability means holding one person liable for the wrongful acts of another due to their legal relationship. Most commonly, employers are held responsible for torts committed by their employees in the course of employment.

Essentials:

Relationship (like employer-employee).
Wrongful act within the scope of employment.
Connection to the authorized duties.

Example: If a delivery driver negligently causes an accident while delivering goods, the employer can be vicariously liable.

Vicarious liability ensures:

Victims receive compensation from those who control the tortfeasor.
Employers are incentivized to supervise and train employees responsibly.

17. Who is a joint tortfeasor?

Joint tortfeasors are two or more persons who act together or independently to commit the same tort, resulting in a single harm to the victim. They may be held jointly and severally liable, meaning each can be sued for the full damage.

Example: Two people jointly assaulting someone — both are liable.

Key principles:

The injured party can sue any one or all.
Damages are not duplicated; recovery is only once.
The liable party may seek contribution from co-tortfeasors.

This rule helps ensure the victim is not deprived of remedy due to the complexity of responsibility.

18. What is malice in tort law?

Malice means wrongful intention or ill will behind a wrongful act. In tort law, malice can influence liability and defences.

Two types:

Express malice – actual ill intent to harm.
Implied malice – intentional disregard for another’s rights.

Malice is relevant in torts like:

Defamation – malice can defeat qualified privilege.
Malicious prosecution – requires proof of malice.
Abuse of process – filing legal actions with improper motives.

While not every tort requires malice, proof of malice can increase damages and affect the availability of certain defences.

19. What are the remedies available in tort law?

Remedies in tort are meant to compensate the victim and restore the injured party to their original position. The main remedies include:

Damages – Monetary compensation.
- General damages
- Special damages
- Punitive/exemplary damages
Injunction – Court order to stop/restrain wrongful act.
Specific Restitution – Return of property wrongfully taken.
Self-help (limited) – e.g., ejecting a trespasser reasonably.

Damages are the most common remedy and can be tailored based on the severity of harm and intent of the wrongdoer.

20. Who can sue and be sued in tort law?

In tort law, the plaintiff (injured party) and the defendant (wrongdoer) must both have legal standing.

Who can sue:

Any person whose legal right is infringed.
Minors (through guardians), corporations, firms, etc.

Who can be sued:

Individuals, employers, companies, the State (in limited cases).

Certain persons are granted immunity, e.g., judges, diplomats, and sometimes the government under the defence of sovereign immunity.

Courts generally recognize the right of any aggrieved party to seek redress if there is a genuine violation of a legal right.

यहाँ Law of Torts से संबंधित प्रश्न संख्या 21 से 30 के लघु उत्तर (प्रत्येक 200–250 शब्दों में) दिए गए हैं, जो आपकी परीक्षा तैयारी के लिए उपयोगी हैं:

21. What is nuisance in tort law?

Nuisance is an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it.

Types:

Public Nuisance – Affects a large number of people (e.g., blocking a public road, polluting a river).
Private Nuisance – Affects an individual’s enjoyment of their private property (e.g., loud noise, foul smell from neighbor).

Essentials of Private Nuisance:

Unreasonable interference.
Interference with use or enjoyment of land.
Actual damage or inconvenience.

Example: In Titu v. State of U.P., continuous smoke from a nearby brick kiln was held to be a nuisance.

22. Define defamation and explain its types.

Defamation is a false statement made about someone, which harms their reputation in the eyes of society.

Types:

Libel – Written or published form (newspapers, books).
Slander – Spoken or temporary form.

Essentials:

False and defamatory statement.
About the plaintiff.
Published to a third party.

Example: Publishing false allegations in a magazine is libel.

Certain defences exist, such as truth, fair comment, and privilege.

23. What is trespass to person?

Trespass to person includes direct and intentional interference with the body or liberty of another.

Forms of Trespass to Person:

Assault – Threat or attempt to cause physical harm.
Battery – Actual physical contact without consent.
False Imprisonment – Unlawful restraint of a person’s freedom.

Example: Locking someone in a room without legal authority constitutes false imprisonment.

Consent, legal authority, and necessity may act as defences.

24. Explain the tort of false imprisonment.

False imprisonment is the unlawful restraint of a person’s liberty without any legal justification.

Essentials:

Total restraint on freedom of movement.
Without lawful justification.
Knowledge of restraint not necessary.

Example: In Meering v. Graham White Aviation, the court held that actual awareness of imprisonment is not necessary.

Detaining a person without a valid reason (e.g., in a mall) can amount to false imprisonment.

25. What is the tort of malicious prosecution?

Malicious prosecution is the institution of legal proceedings with malicious intent and without reasonable cause, resulting in damage to the person prosecuted.

Essentials:

Prosecution by the defendant.
Termination in favor of plaintiff.
Absence of reasonable cause.
Presence of malice.
Damage to plaintiff.

Example: Filing a false FIR with malicious intention may give rise to this tort.

It protects individuals from abuse of legal process.

26. What is the tort of negligence?

Negligence is the breach of a legal duty to take care, which results in damage undesired by the defendant.

Essentials:

Duty of care.
Breach of duty.
Causation.
Damage suffered.

Landmark Case: Donoghue v. Stevenson – the “neighbour principle” was established, expanding liability in negligence.

Negligence is common in accident cases and medical malpractice.

27. Explain the doctrine of vicarious liability with an example.

Vicarious liability means a person is held responsible for the acts of another due to their legal relationship.

Example: Employer held liable for the wrongful act of an employee done in the course of employment.

Case: State of Rajasthan v. Vidhyawati – The government was held vicariously liable for the negligence of its employee (driver).

This doctrine ensures that victims are compensated even if the actual wrongdoer is not financially capable.

28. What is the difference between libel and slander?

Basis	Libel	Slander
Form	Written, printed, or visible	Spoken or temporary
Nature	Permanent	Transitory
Proof of Damage	Not necessary (actionable per se)	Damage must be proved
Example	Newspaper article	Spoken rumor

Libel is generally considered more serious due to its permanence and broader reach.

29. What is the tort of passing off?

Passing off is a tort used to protect the goodwill of a business from misrepresentation. It occurs when one party falsely represents their goods or services as those of another.

Essentials:

Goodwill or reputation.
Misrepresentation by defendant.
Likelihood of confusion.
Damage to plaintiff’s business.

Example: Selling shoes with a logo similar to “Nike” to mislead customers.

Passing off protects unregistered trademarks.

30. What is injurious falsehood?

Injurious falsehood (also called trade libel) involves publishing false statements that damage the plaintiff’s economic or business interests.

Essentials:

False statement about plaintiff’s goods or business.
Malicious intent.
Actual loss suffered.

Example: Publishing that a restaurant uses expired food without any basis.

It differs from defamation in that it affects business/property, not personal reputation.

Unit-lI

✅ 1. What is Vicarious Liability in tort law?

Answer: Vicarious liability is the legal responsibility of one person for the wrongful act of another. It most commonly applies to the employer-employee relationship, where an employer is held liable for torts committed by an employee during the course of employment.

✅ 2. What is the liability of the State for torts?

Answer: The State can be held liable for wrongful acts of its servants if those acts are committed during non-sovereign functions. However, for sovereign functions like defence or judicial acts, the State may be immune.

✅ 3. What is Sovereign Immunity?

Answer: Sovereign immunity is a defence where the State claims exemption from liability for acts done in the course of its sovereign functions, meaning it cannot be sued without its consent.

✅ 4. What is Joint Liability?

Answer: Joint liability occurs when two or more persons are held equally liable for a tortious act. The claimant can recover full compensation from any one of them.

✅ 5. Who are Joint Tortfeasors?

Answer: Joint tortfeasors are individuals who together commit a tort or contribute to a single damage. They may be sued collectively or individually.

✅ 6. What is the Rule of Strict Liability?

Answer: Under Rylands v. Fletcher, a person is strictly liable if dangerous substances escape from their property and cause harm, even without negligence.

✅ 7. What is the Rule of Absolute Liability?

Answer: In M.C. Mehta v. Union of India, the Supreme Court held that hazardous industries are absolutely liable for any harm caused, without exceptions or defences.

✅ 8. What is Occupiers’ Liability?

Answer: Occupiers’ liability refers to the duty of care an occupier owes to lawful visitors to ensure that the premises are reasonably safe.

✅ 9. What are Waiver and Acquiescence?

Answer: Waiver is the voluntary relinquishment of a known legal right. Acquiescence implies consent to a wrongful act through silence or inaction.

✅ 10. What happens to tort claims after death?

Answer: The maxim “Actio personalis moritur cum persona” means a personal tort action dies with the person. However, certain actions may survive under statutory law.

✅ **11. What is the defence of Volenti non fit injuria?**

Answer: This means “to a willing person, no injury is done.” If someone voluntarily consents to a risk (e.g., a sports player), they cannot claim damages for harm arising from it.

✅ 12. What is the defence of Inevitable Accident?

Answer: An inevitable accident is an event that could not have been prevented despite reasonable care. If proven, the defendant may not be held liable.

✅ 13. What is the defence of Act of God?

Answer: It refers to damage caused by natural forces (like earthquakes or floods) which are beyond human control and could not be foreseen or prevented.

✅ 14. What is Private Defence?

Answer: A person is allowed to use reasonable force to protect themselves or their property from imminent harm. This can serve as a valid defence to a tort claim.

✅ 15. What is the defence of Necessity?

Answer: If an act is done to prevent greater harm, even if it causes damage, it may be excused under the defence of necessity (e.g., breaking a house to save someone in fire).

✅ 16. What is Statutory Authority?

Answer: If a statute authorizes an act and it is done without negligence, any resulting harm may be excused. For example, railway construction authorized by law.

✅ 17. What is the difference between Strict and Absolute Liability?

Answer: Strict liability allows certain defences like act of God, whereas absolute liability (in India) provides no exceptions — the defendant is liable in all cases.

✅ 18. What is Accord and Satisfaction?

Answer: It is a legal settlement where the injured party agrees to accept compensation or an alternative, and gives up the right to further sue for the same cause.

✅ 19. What is Release in tort law?

Answer: Release refers to an agreement where the injured party voluntarily discharges the tortfeasor from further liability for the tort committed.

✅ 20. What is the effect of Death on tortious liability?

Answer: Generally, under the maxim “Actio personalis moritur cum persona”, personal tort claims die with the person. However, some claims survive under statutory laws.

✅ 21. What is the defence of Mistake in tort law?

Answer: In tort law, mistake is generally not a valid defence, whether it is a mistake of fact or law. However, in limited cases like malicious prosecution, good faith mistake may be considered.

✅ 22. What is Consent as a defence in torts?

Answer: If the plaintiff voluntarily gave informed and free consent to the defendant’s act, then it may serve as a valid defence (e.g., in medical treatment, sports).

✅ 23. What is the defence of Plaintiff’s Wrong (Contributory Negligence)?

Answer: When the plaintiff’s own negligence contributes to the harm, the compensation may be reduced or denied, depending on the proportion of fault.

✅ 24. What is Malice in tort law?

Answer: Malice refers to wrongful intent or bad faith. Though not always essential, it may affect damages awarded, especially in cases like defamation or malicious prosecution.

✅ **25. What is the Rule in Rylands v. Fletcher?**

Answer: This rule imposes strict liability on a person who brings dangerous substances onto their land if those substances escape and cause damage, even without fault.

✅ 26. What is a Public Nuisance?

Answer: A public nuisance is an act that unlawfully affects the rights of the public at large, like blocking a public road or polluting a river.

✅ 27. What is Private Nuisance?

Answer: A private nuisance is a continuous, unlawful, and indirect interference with a person’s use or enjoyment of private land.

✅ 28. What is the remedy of Injunction in tort law?

Answer: An injunction is a judicial order that restrains a person from continuing a wrongful act (prohibitory) or compels them to do a specific act (mandatory).

✅ 29. What is Damnum Sine Injuria?

Answer: It means damage without legal injury. If no legal right is violated, even if actual loss occurs, no tort action lies. (e.g., competition in business).

✅ 30. What is Injuria Sine Damnum?

Answer: It means legal injury without actual damage. If a person’s legal right is violated, they can claim compensation even without physical loss.

✅ 31. What is the difference between Public and Private Nuisance?

Answer:

Public Nuisance affects the general public or community (e.g., blocking a public road).
Private Nuisance affects an individual’s right to use/enjoy their private property (e.g., loud music from a neighbor).

✅ 32. What is the Maxim “Ubi jus ibi remedium”?

Answer:
It means “where there is a right, there is a remedy.” If a legal right is violated, the law provides a remedy.

✅ 33. What is Contributory Negligence?

Answer:
It occurs when the plaintiff’s own negligence contributes to the harm suffered. Damages may be reduced accordingly.

✅ 34. What is Composite Negligence?

Answer:
Composite negligence arises when two or more persons jointly cause harm to a third party. All are jointly and severally liable.

✅ 35. What is Nuisance per se?

Answer:
It refers to an act that is inherently a nuisance, irrespective of surrounding circumstances (e.g., a firecracker factory in a residential area).

✅ 36. What is Trespass to Land?

Answer:
It is the unauthorized physical entry of a person or object onto someone else’s land, even without actual damage.

✅ 37. What is False Imprisonment?

Answer:
False imprisonment is unlawful restraint on a person’s freedom of movement without legal justification.

✅ 38. What is Defamation in torts?

Answer:
Defamation is a false statement made about a person that harms their reputation. It may be libel (written) or slander (spoken).

✅ 39. What is Negligence in tort law?

Answer:
Negligence is the breach of a legal duty of care which results in damage to another person.

✅ 40. What is the doctrine of Res Ipsa Loquitur?

Answer:
It means “the thing speaks for itself.” It allows the court to presume negligence from the very nature of the accident, shifting the burden to the defendant.

Unit-III

✅ 1. What is Assault in Law of Torts?

Assault is a tort that occurs when one person intentionally causes another to apprehend the infliction of immediate, unlawful force on their person. It is a civil wrong that creates a fear of imminent harm, even though no physical contact takes place.

The essential elements of assault are:

An act creating reasonable apprehension of immediate harm.
The intention to cause such apprehension.
The apparent ability to carry out the threat.

For example, if person A raises his fist to strike person B and B believes he will be hit, even if no blow is delivered, it constitutes assault.

Case Law: Stephens v. Myers (1830) – The court held that even though the defendant was stopped before he could strike, his threatening movement towards the plaintiff was sufficient to amount to assault.

Assault differs from battery in that there is no physical contact. The law protects individuals not just from actual harm, but also from the fear of harm. Assault can lead to a claim for damages even without injury, as it affects the plaintiff’s peace of mind.

✅ 2. What is Battery in Tort Law?

Battery is the intentional and unlawful physical contact with another person without their consent. It is a direct infringement of a person’s bodily integrity and is actionable per se, meaning no actual damage is required to file a suit.

The essential elements of battery include:

Intentional touching.
Lack of consent.
Contact must be harmful or offensive.

Physical contact, however slight, can be battery if done in a hostile or rude manner. For example, slapping, punching, or even spitting on someone amounts to battery.

Case Law: Cole v. Turner (1704) – The court stated that the least touching of another in anger is a battery.

Battery is often preceded by assault, but both can occur independently. If someone is struck from behind without warning, it’s battery without assault. Unlike criminal assault, tortious battery focuses on the violation of civil rights rather than punishment.

Remedies for battery include compensation for physical and emotional harm, and sometimes punitive damages in cases of gross misconduct.

✅ 3. What is False Imprisonment in Torts?

False imprisonment is the unlawful restraint of a person’s freedom of movement without legal justification. It occurs when someone is confined within a bounded area against their will, even for a short period.

Key elements include:

Total restraint of the person.
The act must be intentional.
The confinement must be unlawful.

No physical barriers are required; words, threats, or authority may suffice. For example, if a security guard detains someone in a room and prevents them from leaving, it is false imprisonment.

Case Law: Bird v. Jones (1845) – Partial obstruction of a public path was not considered false imprisonment as the plaintiff had an alternative route.

False imprisonment infringes on a person’s right to liberty and personal freedom. The tort is actionable per se, meaning the plaintiff need not prove actual damage.

A person falsely imprisoned is entitled to claim damages for:

Loss of liberty,
Mental anguish,
Injury to dignity and reputation.

Lawful arrest by authorities, with proper legal grounds, is not false imprisonment. However, any unauthorized detention, even for a moment, may give rise to liability.

✅ 4. Define Malicious Prosecution.

Malicious prosecution is a tort involving the wrongful initiation of legal proceedings without reasonable cause and with malice. It seeks to protect individuals from the abuse of the judicial process.

Essential elements include:

Initiation of prosecution by the defendant.
Absence of reasonable and probable cause.
Malice (bad intention) by the defendant.
Termination of proceedings in favor of the plaintiff.
Damage to the plaintiff (to reputation, liberty, or property).

This tort balances the right to access courts with the protection of individuals from false accusations.

Case Law: West Bengal State Electricity Board v. Dilip Kumar Ray (2006) – The Supreme Court of India laid down that malicious prosecution requires strict proof of all essential elements.

For example, if a person files a false criminal case knowing the accused is innocent, and the case ends in acquittal, the accused may sue for malicious prosecution.

Damages can include compensation for:

Mental distress,
Legal expenses,
Loss of reputation.

This tort discourages the misuse of judicial remedies and helps maintain faith in the justice system.

✅ 5. What is Nervous Shock in Torts?

Nervous shock refers to a psychiatric illness or mental disturbance suffered by a person due to another’s negligent or intentional act. It extends the scope of tort liability beyond physical injury to mental harm.

To claim for nervous shock, the plaintiff must show:

Recognizable psychiatric injury.
Caused by the defendant’s wrongful act.
Reasonable foreseeability of such harm.

Examples include witnessing a horrific accident or hearing the sudden death of a close relative due to someone’s negligence.

Case Law: Dulieu v. White & Sons (1901) – A pregnant woman suffered miscarriage due to shock when a horse-drawn van crashed into a bar.

In India, courts have recognized compensation for mental agony under Article 21 of the Constitution and tort law principles.

The law distinguishes between primary victims (directly affected) and secondary victims (witnesses or close relatives). However, claims by secondary victims are more strictly scrutinized.

Compensation is allowed only when the shock leads to a medically recognized condition like PTSD or depression, not mere grief or sorrow.

✅ 6. What is Trespass to Land in Tort Law?

Trespass to land is the unlawful interference with a person’s possession of land. It occurs when someone enters or remains on another’s property without permission or legal justification.

Key elements of trespass include:

Unlawful entry on land.
Intentional act (though not necessarily with malice).
Actual possession by the plaintiff.

Trespass can occur by:

Walking onto someone’s land without permission.
Throwing objects (e.g., stones) onto land.
Placing structures or encroachments on land.

Case Law: Entick v. Carrington (1765) – Officers unlawfully entered a house; it was held to be trespass despite their intention to search for evidence.

Even minimal interference constitutes trespass. No actual damage is required; it’s actionable per se. If done repeatedly, it may lead to injunctions.

Defences include:

Consent of the possessor,
Legal authority (e.g., police with a warrant),
Necessity (e.g., to save life/property).

Trespass differs from nuisance in that it involves physical intrusion, whereas nuisance involves indirect interference (like noise or pollution).

✅ 7. What is Private Nuisance in Tort Law?

Private nuisance is an unlawful and unreasonable interference with a person’s use or enjoyment of land. It generally arises from continuous or recurring activity that causes discomfort or harm.

Key ingredients:

Unlawful interference.
With the use or enjoyment of land.
Substantial and unreasonable harm.

Examples:

Loud noises from a neighbor.
Foul smells from a nearby factory.
Water leakage from adjacent property.

Case Law: St. Helen’s Smelting Co. v. Tipping (1865) – Held that physical damage to property always constitutes nuisance, even in industrial areas.

Private nuisance protects property rights and the quality of life. To claim, the plaintiff must have an interest in the property (owner, tenant).

The defendant is liable even if the nuisance was not intentional, provided it was foreseeable and preventable. However, there must be a balance between personal enjoyment and the rights of neighbors.

Remedies include damages, injunctions, and abatement (removal of the source of nuisance).

✅ 8. What is Public Nuisance in Tort Law?

Public nuisance is an act that affects the public at large or a significant portion of a community. It interferes with public rights such as public health, safety, comfort, or convenience.

Examples:

Obstructing a public road.
Polluting a river used by the public.
Operating a factory emitting toxic fumes.

Case Law: Soltau v. De Held (1851) – Ringing of church bells at all hours was held to be a public nuisance.

To succeed in a private claim for public nuisance, a person must show:

Special damage beyond that suffered by the general public.
Unlawful act affecting public rights.

Under Section 91 of the Civil Procedure Code (India), even a public authority or two or more citizens can bring an action in public interest.

Public nuisance is both a tort and a criminal offence under Section 268 of the Indian Penal Code.

Remedies include injunctions, abatement orders, and damages for special harm. It helps ensure that community welfare is not jeopardized by individual or corporate activities.

✅ 9. Distinguish Between Trespass and Nuisance.

Though both are torts involving interference with property, trespass and nuisance are conceptually different.

Aspect	Trespass	Nuisance
Nature	Direct physical interference	Indirect interference
Requirement	Entry onto land is essential	No entry required
Damage	Actionable per se (without damage)	Must prove substantial interference
Example	Walking onto someone’s land	Playing loud music, emitting smoke
Remedy	Damages, injunction	Damages, injunction, abatement

In trespass, the wrong is complete upon unauthorized entry. In nuisance, the injury is caused by use of one’s land in a way that unreasonably affects another’s enjoyment of their property.

Both protect property rights, but the manner and consequences of interference differ.

✅ 10. What are Torts Relating to Movable Property?

Torts against movable property refer to wrongful acts that interfere with someone’s possession or ownership of movable goods. Key torts include:

Trespass to Goods: Unlawful physical interference with goods in possession of another.
- E.g., damaging someone’s phone without consent.
Conversion: Wrongful act of dealing with goods in a manner inconsistent with the owner’s rights.
- E.g., selling another’s bike without authority.
Detinue: Wrongful retention of goods after lawful possession.
- E.g., refusing to return borrowed tools after demand.

Case Law: Armory v. Delamirie (1722) – A chimney sweep found a jewel; a goldsmith wrongfully took it. The court held the finder had rights against all but the true owner.

Damages in such torts cover the market value of goods, loss of use, and sometimes emotional distress.

These torts aim to safeguard property interests and ensure the rightful owner’s dominion over their possessions is respected.

✅ 11. Explain the Tort of Detinue.

Detinue is a tort involving the wrongful detention of someone else’s goods. It occurs when a person lawfully possesses the goods of another but refuses to return them upon rightful demand.

Essential elements:

Plaintiff must have ownership or right to immediate possession.
Defendant must have had lawful possession.
Plaintiff must have demanded return of goods.
Defendant refuses to return them.

Example: A person lends his book to a friend. Upon requesting it back, the friend refuses. This is detinue.

Case Law: Silsbury v. McCoon (1851) – The court held that refusal to return borrowed property after demand amounts to detinue.

Unlike conversion, detinue focuses on retention rather than wrongful use. The key issue is refusal after demand, not the initial possession.

Remedies:

Return of the specific goods (replevin).
Damages for loss of use.
Compensation for depreciation.

Under Indian law, detinue is not recognized as a separate tort, but its principles are applied under general property and contract laws.

✅ 12. What is Conversion in Tort Law?

Conversion is a tort that occurs when someone wrongfully deals with another person’s goods in a way that denies the owner’s rights.

Elements:

Intentional interference with goods.
Without lawful justification.
Depriving the owner of use or possession.

Examples:

Selling another’s property without consent.
Destroying or using someone’s item as one’s own.

Case Law: Hollins v. Fowler (1875) – The court defined conversion as “dealing with goods in a manner inconsistent with the owner’s rights.”

The act must be intentional. Even an innocent buyer of stolen goods may be liable for conversion.

Remedies:

Compensation for full value of goods.
Return of the goods, if possible.
Punitive damages in cases of willful wrong.

Conversion protects the owner’s control and interest in movable property. It differs from trespass to goods (which focuses on physical interference) and detinue (which focuses on refusal to return).

✅ 13. Distinguish Between Trespass to Goods and Conversion.

Basis	Trespass to Goods	Conversion
Nature	Direct, physical interference	Dealing with goods inconsistent with ownership
Possession	Plaintiff must have possession	Plaintiff must have ownership or right to possess
Intent	Need not be intentional	Must be intentional
Example	Damaging someone’s bag	Selling someone’s bag as your own
Remedy	Damages for interference	Full value of goods

Summary:

Trespass to goods is about interference without deprivation of ownership.
Conversion is about wrongful control or use, often resulting in complete loss to the owner.

✅ 14. What Defences are Available in Torts Affecting Property?

Common defences in torts affecting property (movable or immovable) include:

Consent: If the owner consented to the act, there’s no tort (e.g., entering with permission).
Necessity: Interference was necessary to prevent greater harm (e.g., breaking a fence to escape a fire).
Legal Authority: Actions done under lawful authority, such as police entering with a warrant.
Act of God: Natural forces beyond control, such as floods or earthquakes.
Inevitable Accident: Despite reasonable care, the harm could not be prevented.

These defences help balance individual rights with broader public or legal interests. However, the defendant must prove the applicability of the defence.

✅ 15. What Remedies Are Available for Torts Affecting Property?

Remedies for torts affecting property include:

Damages:
- Compensatory damages for actual loss or damage.
- Nominal damages if there’s a right violated but no substantial harm.
- Punitive damages in cases of malicious or reckless acts.
Injunctions:
- Prevents continuation or repetition of wrongful acts (e.g., stopping ongoing nuisance or trespass).
Recovery of Property:
- Replevin or delivery of specific goods wrongfully held (common in detinue or conversion).
Abatement:
- Right to remove the cause of nuisance personally, within limits (e.g., cutting overhanging branches).
Declaratory Relief:
- Judicial declaration of rights (especially in disputes over land or ownership).

These remedies aim to restore possession, prevent future harm, and compensate for losses, thereby upholding legal rights over property.

✅ 16. What is the Tort of Intimidation?

Intimidation is a tort where a person unlawfully threatens another to compel them to act (or not act) in a particular way, resulting in harm. The threat must be intended to cause loss or damage, often in a commercial or employment context.

Essential elements:

A threat by the defendant.
That the threat is unlawful (e.g., threat to commit a tort or crime).
The plaintiff acts due to the threat.
The plaintiff suffers damage.

Case Law: Rookes v. Barnard (1964) – A union threatened an employer to dismiss a non-union worker. The House of Lords held this was intimidation as the threat was unlawful.

This tort protects individuals and businesses from being coerced by unlawful pressure. Intimidation may involve threats of personal violence or economic harm.

✅ 17. What is the Tort of Conspiracy?

Conspiracy in tort occurs when two or more persons agree to act together to cause harm to another, either by unlawful means or lawful means with an unlawful purpose.

Types:

Unlawful means conspiracy: The means used are illegal.
Lawful means conspiracy: The objective is malicious or unlawful.

Essentials:

Agreement between two or more persons.
Intent to harm the plaintiff.
Resulting damage.

Case Law: Quinn v. Leathem (1901) – A trade union conspired to prevent the plaintiff from doing business. The court found a tortious conspiracy.

Conspiracy protects economic interests and prevents group harm through collusion or malicious coordination.

✅ 18. Define the Tort of Injurious Falsehood.

Injurious falsehood involves the publication of false statements about a person’s goods or business, intended to cause financial loss.

Elements:

False statement about the plaintiff’s property or business.
Made maliciously.
Publication to a third party.
Actual damage or loss.

Case Law: Ratcliffe v. Evans (1892) – The defendant made false claims about the plaintiff’s business, leading to loss. The court held the claim was actionable.

Unlike defamation, injurious falsehood targets property or business interests, not personal reputation. Proof of malice and actual loss is essential.

✅ 19. What is Negligent Misstatement?

Negligent misstatement is a false representation made carelessly that causes economic loss to someone who relied on it.

Essentials:

A special relationship (duty of care).
Incorrect statement or advice.
Plaintiff relied on it reasonably.
Resulting financial loss.

Case Law: Hedley Byrne v. Heller (1964) – A bank gave a misleading financial reference. The court held that negligent misstatements could be actionable if a duty of care existed.

This tort typically applies in professional or financial settings where advice is given and relied upon. It protects individuals from careless words causing economic loss.

✅ 20. What is the Tort of Passing Off?

Passing off is a tort protecting businesses from misrepresentation that leads consumers to believe one’s goods/services are those of another.

Essentials (Three-fold test):

Goodwill or reputation in the business.
Misrepresentation by the defendant.
Damage to the plaintiff’s goodwill or business.

Case Law: Reckitt & Colman v. Borden (1990) – Known as the “Jif Lemon” case, the court held that similar packaging misled customers, amounting to passing off.

Passing off is often used when a trademark isn’t registered but a brand has established recognition. Remedies include injunctions, damages, and account of profits.

✅ 21. What are the Differences Between Defamation and Injurious Falsehood?

Point	Defamation	Injurious Falsehood
Subject matter	Personal reputation	Business, goods, property
Damage	Presumed (in libel)	Must be proved
Truth as defence	Truth is a complete defence	Truth not sufficient if malicious
Malice	Not always required	Essential
Examples	False article about a person	False claim that a competitor’s goods are faulty

In summary, defamation protects personal reputation; injurious falsehood protects business interests.

✅ 22. What is the Tort of Deceit?

Deceit (fraudulent misrepresentation) is a tort involving knowingly making a false statement with the intent to induce another to act on it, leading to loss.

Essentials:

False representation.
Knowledge of its falsity or reckless disregard for truth.
Intention to deceive.
Reliance by the plaintiff.
Resulting damage.

Case Law: Derry v. Peek (1889) – The court held that absence of honest belief in a statement is required for an action in deceit.

Deceit protects individuals from fraud and ensures accountability for knowingly false assertions, especially in business or contract dealings.

✅ 23. What is Vicarious Liability in Torts?

Vicarious liability is the legal responsibility imposed on one person for the wrongful acts of another, usually due to a special relationship, like employer-employee.

Essentials:

Existence of a relationship (e.g., master-servant).
Tort committed by the servant.
Act done in the course of employment.

Case Law: State of Rajasthan v. Vidhyawati (1962) – A government driver’s negligence made the state liable.

Employers are liable for their employees’ torts during employment but not for independent contractors. It ensures victims receive compensation from a party with financial capacity.

✅ 24. What is the Doctrine of Sovereign Immunity in Tort Law?

Sovereign immunity is the principle that the state or sovereign cannot be sued in its own courts without its consent.

In India, the doctrine has been limited. Courts have ruled that the state is liable for torts of its employees when performing non-sovereign functions (e.g., driving a vehicle).

Case Law: Kasturi Lal v. State of UP (1965) – The court upheld sovereign immunity for loss caused during sovereign function (police seizure of gold).

However, in later cases like Nilabati Behera v. State of Orissa (1993), compensation was awarded for violation of fundamental rights.

This doctrine continues to evolve, balancing state accountability with governance.

✅ 25. What is the Liability of Joint Tortfeasors?

Joint tortfeasors are two or more persons who together commit a tort, making them jointly and severally liable.

Essentials:

Common action or concerted effort.
Single harm caused to the plaintiff.

Each tortfeasor is liable for the entire damage, and the plaintiff can sue any or all of them. Contribution can be sought among them.

Case Law: Tarry v. Ashton (1876) – Both the owner and contractor were held liable for an unsafe lamp causing injury.

Joint tortfeasor liability ensures full compensation for victims and discourages group wrongdoing.

Unit-IV

✅ 1. What is Defamation in Tort Law?

Defamation is a false statement made about a person that harms their reputation. It may be written (libel) or spoken (slander).

Essentials of Defamation:

False statement about the plaintiff.
Publication to a third party.
Harm to reputation in the eyes of society.

Truth, fair comment, and privilege are valid defences.

Case Law: T.V. Ramasubha Iyer v. A.M.A. Mohindeen (AIR 1955) – Supreme Court held that a false publication affecting reputation amounts to defamation.

Defamation protects an individual’s social standing. In India, it is both a civil and criminal wrong under IPC Section 499.

✅ 2. What is Negligence in Torts?

Negligence is the breach of a legal duty to take care, resulting in damage to the plaintiff.

Essentials:

Duty of care.
Breach of that duty.
Resultant damage or injury.

Example: A doctor giving wrong medicine due to carelessness.

Case Law: Donoghue v. Stevenson (1932) – Established the “neighbour principle” and foundational concept of negligence.

Negligence covers personal injury, property damage, and economic loss.

✅ 3. What is Injurious Falsehood?

It refers to false statements about a person’s goods, property, or business, published maliciously, causing financial loss.

Essentials:

False statement about business/property.
Made with malice.
Published to a third party.
Causes financial loss.

Case Law: Ratcliffe v. Evans (1892) – False claim about business led to damages.

Unlike defamation, this tort affects commercial interests, not personal reputation.

✅ 4. Define Negligent Misstatement.

Negligent misstatement involves careless false statements causing financial loss to someone who reasonably relied on them.

Essentials:

Duty of care.
False statement.
Reasonable reliance.
Financial loss.

Case Law: Hedley Byrne v. Heller (1964) – Established liability for economic loss from negligent statements.

Often arises in financial, legal, and professional advice contexts.

✅ 5. What is the Tort of Passing Off?

Passing off occurs when a person misrepresents their goods/services as those of another, harming the latter’s goodwill.

Essentials:

Goodwill in the business.
Misrepresentation by defendant.
Damage to the plaintiff.

Case Law: Reckitt & Colman v. Borden (1990) – Lemon-shaped bottle case.

Passing off protects unregistered trademarks and commercial reputation.

✅ 6. What is Conspiracy in Tort Law?

Conspiracy is when two or more persons agree to commit a wrongful act causing harm.

Types:

By unlawful means.
By lawful means with malicious intent.

Case Law: Quinn v. Leathem (1901) – Union conspiracy to damage business held actionable.

Conspiracy protects against group actions done with intent to harm.

✅ 7. What are Torts Affecting Family Relations?

These are torts that interfere with marital or parental relationships.

Examples include:

Alienation of affection,
Enticement of spouse,
Custody interference,
Domestic violence (civil remedy).

Indian law doesn’t formally recognize all these torts, but constitutional and civil remedies may apply under Article 21.

✅ 8. What are Judicial and Extra-judicial Remedies in Torts?

Judicial Remedies:

Damages (compensation),
Injunction (order to stop a tort),
Restitution.

Extra-judicial Remedies:

Self-defence,
Re-entry on land,
Abatement of nuisance,
Re-caption of goods.

These remedies ensure protection of rights with or without court intervention, provided done lawfully.

✅ 9. What are Different Kinds of Damages in Tort Law?

Nominal – For legal right violation without real harm.
Compensatory – For actual loss (medical bills, repairs).
Aggravated – For mental agony, insult.
Exemplary/Punitive – To punish and deter egregious conduct.
Contemptuous – Where plaintiff technically wins but court disapproves claim.

Damages vary with severity, intent, and impact of the tort.

✅ 10. Explain ‘Actio Personal Moritur Cum Persona’.

This Latin maxim means “A personal action dies with the person.” It implies that tort claims generally die with the death of either the plaintiff or defendant.

Exceptions:

In India, under Section 306 of the Indian Succession Act, certain actions (e.g., property-related) survive.

Case Law: Girja Bai v. Sadashiv (1916) – Recognized property-based claims surviving death.

This principle limits the scope of tort actions post-death, except where statute provides otherwise.

✅ 11. What is Remoteness of Damage in Tort Law?

Remoteness of damage refers to the legal test used to determine whether the damage caused by a tortious act is too remote (indirect) to be legally recoverable.

There are two main tests:

Test of foreseeability (modern rule): Whether the damage was a reasonably foreseeable consequence of the defendant’s act.
Test of directness (older rule): Whether the damage was a direct result of the act, regardless of foreseeability.

Case Law: Wagon Mound (No. 1) (1961) – Held that only foreseeable types of damage are compensable.

The principle ensures that defendants are not held liable for every consequence of their acts—only those that are proximate and foreseeable.

✅ 12. What is an Injunction in Tort Law?

An injunction is a court order directing a person to do or refrain from doing a particular act. It is an equitable remedy used to prevent or stop ongoing or future torts.

Types:

Prohibitory injunction – Stops a wrongful act (e.g., stopping a nuisance).
Mandatory injunction – Compels doing a positive act (e.g., removing encroachment).
Interim/Temporary injunction – Granted before final judgment.
Permanent injunction – Final relief after trial.

Case Law: Kuldip Singh v. Subhash Chander Jain (2000) – Supreme Court held injunction valid in cases of trespass and nuisance.

Injunctions are effective in preventing irreparable harm where monetary compensation is insufficient.

✅ 13. How are Damages Assessed in Tort Cases?

Assessment of damages in tort involves evaluating the actual loss suffered by the plaintiff.

Factors considered:

Nature and extent of injury.
Loss of earnings or future income.
Medical expenses.
Mental agony and loss of amenities.
Duration and impact of disability.

General damages cover pain, suffering, and loss of amenities.
Special damages are for specific monetary loss (e.g., treatment bills).

Case Law: R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. (1995) – Laid down principles for calculating damages in accident cases.

Objective is to place the injured party in the position they would have been had the tort not occurred.

✅ 14. What are Exemplary and Aggravated Damages?

Exemplary Damages (also known as punitive damages) are awarded to punish the defendant for outrageous, malicious, or reckless conduct.
Aggravated Damages are awarded when the plaintiff suffers humiliation or distress due to the manner of the tort.

Example of exemplary damages: Tort involving police brutality or malicious prosecution.
Example of aggravated damages: Defamatory statements with malicious intent.

Case Law: Rookes v. Barnard (1964) – Recognized limited categories where exemplary damages may be awarded.

While compensatory damages restore the plaintiff, exemplary and aggravated damages aim to punish and deter the wrongdoer.

✅ 15. Distinguish Between General and Special Damages.

Basis	General Damages	Special Damages
Nature	Non-quantifiable (e.g., pain, suffering)	Quantifiable financial loss
Proof	Presumed by law	Must be specifically pleaded and proved
Examples	Mental agony, loss of amenities	Medical bills, lost earnings

General damages are awarded in most tort cases automatically, while special damages require detailed evidence.

✅ 16. What is the Role of Consent in Tort Law?

Consent is a complete defence in tort law. If a person willingly consents to a particular act, they cannot later claim damages for it.

Principle: Volenti non fit injuria – “To a willing person, no injury is done.”

Example: A person participating in a boxing match consents to reasonable physical contact.

Exceptions: Consent must be:

Free and informed.
For a lawful act.
Not obtained by fraud or coercion.

Case Law: Hall v. Brooklands Auto Racing (1933) – Spectator injured during a race couldn’t claim damages as he had consented to the risk.

Consent negates liability by eliminating the wrongful nature of the act.

✅ 17. What is Inevitable Accident in Torts?

Inevitable accident is a defence where the harm caused was beyond the defendant’s control, despite all reasonable precautions.

Essentials:

Act done lawfully.
Without negligence.
Consequences unavoidable.

Case Law: Stanley v. Powell (1891) – During lawful shooting, a bullet ricocheted and injured another. Held to be inevitable accident.

This defence fails if negligence is proved. It applies in natural events or mechanical failures despite due care.

✅ 18. What is Volenti Non Fit Injuria?

It means “to a willing person, no injury is done.” If someone knowingly and voluntarily exposes themselves to risk, they cannot claim compensation.

Requirements:

Knowledge of risk.
Voluntary acceptance of risk.

Common in sports, adventure activities, or where risk is inherent.

Case Law: Smith v. Baker (1891) – Simply working in a risky environment isn’t enough; consent must be clear and voluntary.

Volenti is not applicable in cases of:

Negligence by the defendant.
Employment relations without real choice.

✅ 19. What is the Impact of Death on Tortious Liability?

Generally, personal tort claims die with the person, as per the maxim Actio personalis moritur cum persona.

However, exceptions exist:

Indian Law: Under Section 306 of the Indian Succession Act, property-related tort claims survive.
Fatal Accidents Act, 1855: Allows dependents to claim compensation for wrongful death.

Example: Family of a person killed in an accident may claim compensation from the negligent driver.

Thus, death limits claims for personal loss but not economic or family loss in India.

✅ 20. Explain ‘Actio personalis moritur cum persona’.

This Latin maxim means: “A personal right of action dies with the person.” It suggests that personal tort claims (like defamation, assault) cannot be continued after the death of either party.

Exceptions (in India):

Torts affecting property survive under the Indian Succession Act.
Wrongful death actions can be brought by legal heirs under the Fatal Accidents Act, 1855.

Case Law: Girja Bai v. Sadashiv (1916) – Claim for recovery of property allowed after death.

The maxim applies strictly in personal injury or defamation cases, but not where statutory provisions override it.

✅ 21. What are Judicial and Extra-Judicial Remedies in Torts?

Answer:
In tort law, remedies are primarily classified into judicial and extra-judicial remedies.

Judicial remedies are those granted by a court of law. They include:

Damages – Monetary compensation for the harm suffered.
Injunction – A court order directing a person to do or refrain from doing a particular act.
Specific Restitution of Property – Restoring the possession of specific property to the rightful owner.

Extra-Judicial remedies are actions that the injured party may take lawfully without approaching the court. Examples include:

Self-defence – Right to protect oneself or property.
Re-entry on land – Owner regaining possession of their land.
Re-caption of goods – Recovering one’s goods from unlawful possession.
Abatement of nuisance – Removing nuisance independently, such as cutting off an overhanging branch.

Judicial remedies are more formal and legally enforced, while extra-judicial remedies must be used with caution and within legal boundaries to avoid liability.

✅ 22. Define Damages. What are its different types in Torts?

Answer:
Damages in tort law refer to the monetary compensation awarded to a person who has suffered a legal injury due to the wrongful act of another.

Types of damages include:

Compensatory Damages – Meant to compensate the plaintiff for actual loss (e.g., medical expenses, loss of income).
Nominal Damages – Awarded when a legal right is violated but no substantial loss is proved.
Exemplary or Punitive Damages – Imposed to punish the wrongdoer for outrageous conduct and deter others.
Contemptuous Damages – Awarded when the court believes the claim had little merit; usually a very small amount.
Aggravated Damages – Given when the plaintiff suffers insult, humiliation, or mental distress.

The type and amount of damages depend on the nature and extent of the injury. For instance, in defamation cases, aggravated and exemplary damages are common due to the emotional and reputational harm.

✅ 23. How is the Assessment of Damages done in Torts?

Answer:
The assessment of damages in tort cases involves evaluating the extent of the harm suffered by the plaintiff to determine fair monetary compensation.

Courts consider the following factors:

Actual financial loss (e.g., property damage, lost wages).
Future loss of earnings due to injury or disability.
Medical expenses incurred or anticipated.
Physical and mental suffering caused by the injury.
Aggravating or mitigating circumstances (e.g., malice or apology).

The goal is to restore the injured party to the position they were in before the tort occurred. This is known as the principle of restitution in integrum.

For example, in a negligence case resulting in permanent disability, damages may include compensation for future treatment, loss of earning capacity, and pain endured.

Courts often use expert testimony and actuarial data to estimate future losses. The compensation must be fair, reasonable, and proportionate to the harm suffered.

✅ 24. What is the Doctrine of Remoteness of Damage?

Answer:
The doctrine of remoteness of damage limits a defendant’s liability to only those damages that are reasonably foreseeable or directly caused by the wrongful act.

There are two main tests:

Foreseeability Test (from The Wagon Mound case): The defendant is only liable for those consequences that a reasonable person could foresee at the time of the act.
Directness Test (from Re Polemis): The defendant is liable for all direct consequences of the act, regardless of foreseeability.

Modern courts generally follow the foreseeability principle. This ensures that defendants are not held responsible for highly unusual or unpredictable consequences.

Example: If a driver negligently hits a pedestrian who later contracts an unrelated infection in the hospital, the infection may be considered too remote to impose liability.

Thus, the doctrine helps in ensuring that liability in tort is just, practical, and not excessively burdensome.

✅ 25. What is ‘Remoteness of Damage’? Explain with example.

Answer:
‘Remoteness of damage’ is a legal principle used to determine the extent to which a defendant may be held liable for the consequences of their wrongful act. It sets a limit to liability for damages in tort.

There are two main tests:

Foreseeability Test (The Wagon Mound Case, 1961): A defendant is liable only for those damages that a reasonable person could foresee as a probable result of their act.
Direct Consequences Test (Re Polemis Case, 1921): If the damage is the direct result of the wrongful act, the defendant is liable, even if the extent of the damage was unforeseeable.

Example: If A negligently spills oil in a harbor and B’s ship is damaged due to a fire caused by the oil, A may not be liable if such a fire was not foreseeable (Wagon Mound). But if the fire is a direct and natural consequence, liability may be imposed.

The concept ensures fairness by limiting liability to reasonable and predictable outcomes.

✅ 26. What is an Injunction? How is it used as a tort remedy?

Answer:
An injunction is a judicial order that either restrains a person from doing a particular act (prohibitory injunction) or compels them to perform a specific act (mandatory injunction).

In tort law, injunctions are used to prevent ongoing or threatened wrongful acts, especially when monetary compensation is inadequate.

Examples of use in torts:

Nuisance: A person creating noise or smoke may be restrained through an injunction.
Defamation: Courts may restrain further publication of defamatory statements.
Trespass: A landowner may obtain an injunction against unlawful entry.

Case law: In Mareva Compania Naviera SA v International Bulkcarriers SA, courts recognized the importance of injunctions in preventing irreparable harm.

Injunctions are powerful remedies in torts to prevent repeated or continuing injury.

✅ 27. What is the maxim ‘Actio personalis moritur cum persona’?

Answer:
The Latin maxim “Actio personalis moritur cum persona” means a personal action dies with the person. It implies that certain tort actions cannot be continued after the death of either the plaintiff or the defendant.

Traditionally, torts like defamation, assault, or malicious prosecution did not survive death. However, modern statutes have modified this rule.

In India, the Legal Representatives Suits Act, 1855, allows legal representatives to file or continue a suit for compensation for a tortious act resulting in death.

Limitations:

Personal torts (e.g., defamation, personal injury) often do not survive.
Property-related torts generally do.

Example: If A commits assault on B, and A dies, B may not pursue the claim. However, if A had wrongfully taken B’s property, B may sue A’s legal heirs for compensation.

Thus, while the maxim retains historical significance, statutory provisions today allow many tort actions to survive the death of parties.

✅ 28. Define ‘Negligent Misstatement’. How is it a tort?

Answer:
Negligent misstatement refers to a situation where one party carelessly provides false information or advice, and another party suffers economic loss by relying on it.

To establish this tort, the following must be proven:

A duty of care existed between the parties.
The statement was made negligently.
The plaintiff relied on the statement.
The plaintiff suffered economic loss as a result.

Key Case: Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) – The court held that a negligent misstatement causing financial loss is actionable if there is a special relationship and reliance.

Example: A financial advisor gives incorrect advice to a client without proper verification. If the client relies on it and suffers loss, the advisor may be held liable.

Negligent misstatement is particularly relevant in professional services and commercial contexts.

✅ 29. What is ‘Injurious Falsehood’?

Answer:
Injurious falsehood, also known as trade libel, is a tort that protects the economic interests of individuals and businesses from false statements made with malicious intent.

It occurs when:

A false statement is made about a person’s goods or business.
The statement is made maliciously.
The statement causes actual economic loss.

Difference from defamation: While defamation protects personal reputation, injurious falsehood protects commercial or business interests.

Example: If A falsely tells customers that B’s restaurant uses expired ingredients, and B suffers financial loss, A may be liable for injurious falsehood.

Case law: Ratcliffe v Evans (1892) – The court held that the publication of false statements affecting a business, if proven to cause loss, is actionable.

This tort helps maintain fair competition and prevents malicious business interference.

✅ 30. What remedies are available in tort law for defamation?

Answer:
In defamation cases, the following remedies are typically available:

Damages:
- General damages for loss of reputation.
- Special damages if specific financial loss is proved.
- Punitive damages in cases of malice.
Injunction: To prevent further publication of defamatory statements.
Apology or Retraction: Though not enforceable, courts may consider it while awarding damages.

Case law: In Ram Jethmalani v Subramanian Swamy, the court awarded damages for loss of reputation and emphasized the importance of responsible speech.

The aim of defamation remedies is to restore the plaintiff’s reputation and deter future defamatory acts.

Unit-V

✅ 1. What is the ‘Duty to Take Care’ under Consumer Law?

The duty to take care refers to the legal obligation of manufacturers, service providers, and sellers to ensure that their goods or services do not cause harm to the consumer. It means they must act with reasonable care and avoid negligence. This concept originated from the landmark case Donoghue v. Stevenson (1932), where the court stated that a manufacturer owes a duty of care to the final consumer of the product. If this duty is breached, and the consumer suffers injury or loss, the responsible party can be held liable under tort and consumer law. In the context of consumer protection, duty to take care is crucial in determining liability for defective products or deficient services. It promotes accountability, ensures safety, and upholds consumer trust. For instance, a food manufacturer must ensure hygiene and quality; if negligence leads to food poisoning, the consumer can claim damages. This duty forms the foundation for modern consumer rights.

✅ 2. Define ‘Negligence’ in the Context of Consumer Protection.

Negligence is the failure to exercise reasonable care in fulfilling a legal duty, resulting in harm or damage to another person. Under consumer protection, negligence occurs when a service provider, manufacturer, or seller does not meet the standard of care expected in providing goods or services. For example, a mechanic who repairs a vehicle but leaves the brakes faulty would be considered negligent if an accident occurs. To prove negligence, the consumer must show: (1) a duty of care existed, (2) there was a breach of that duty, and (3) damage resulted from the breach. Negligence may occur in the design, production, or marketing of goods, or during the provision of services. The Consumer Protection Act, 1986 (now 2019) allows consumers to file complaints for negligence and claim compensation. Courts assess whether the behavior of the manufacturer or service provider fell below the expected standard of care. Negligence is a key ground for consumer disputes and ensures that sellers and service providers are accountable for their actions.

✅ 3. What is Product Liability?

Product liability refers to the legal responsibility of a manufacturer or seller to compensate consumers for injuries or damages caused by defective or unsafe products. It is based on the principle that consumers have the right to receive products that are safe and meet quality standards. If a product is found to be defective due to manufacturing errors, design flaws, or inadequate warnings, and it causes harm, the injured consumer can file a product liability claim. The Consumer Protection Act, 2019 introduced a separate chapter on Product Liability, defining grounds for claims against manufacturers, service providers, and sellers. For example, a faulty electronic device that causes fire, or contaminated food causing illness, may lead to liability. The law allows for claims without proving negligence in some cases, recognizing strict liability. This protects consumers and encourages companies to maintain quality control. Product liability thus plays a vital role in ensuring consumer safety and business accountability.

✅ 4. What is Consumerism?

Consumerism is a social and legal movement that seeks to protect the interests and rights of consumers. It involves the promotion of fair trade practices, access to information, safe products, and the right to redressal. The concept of consumerism emphasizes that consumers should not be exploited by businesses and must be treated fairly. Consumerism gained prominence due to increased industrialization, misleading advertisements, and poor quality goods and services. The movement led to legal reforms like the Consumer Protection Act, 1986, which laid the foundation for safeguarding consumer rights in India. It ensures that consumers can demand better quality, pricing transparency, and grievance redressal. Consumerism also includes ethical consumer behavior, awareness about product safety, and responsible consumption. Organizations like Consumer Forums and NGOs play a key role in spreading consumer awareness. Overall, consumerism strengthens the position of the consumer in the market and fosters a fairer economic environment.

✅ 5. Mention Any Two Rights of Consumers under the Consumer Protection Act.

The Consumer Protection Act, 1986 recognizes several rights for the benefit and empowerment of consumers. Two key rights are:

Right to be Informed:
Consumers have the right to receive complete and accurate information about the product or service they intend to purchase. This includes details like quality, quantity, ingredients, price, and usage instructions. It ensures that consumers can make informed decisions and are protected from misleading advertisements or hidden terms.
Right to Seek Redressal:
This right allows consumers to file complaints against unfair trade practices, defective goods, or deficient services and seek compensation or corrective measures. Consumers can approach the District, State, or National Consumer Dispute Redressal Commissions depending on the value of the claim. Remedies include refunds, replacement, compensation, or removal of defects.

These rights are essential to promote transparency and fairness in the marketplace and ensure that consumers are not exploited. Awareness of these rights also encourages consumers to be vigilant and assertive.

✅ 6. What is the Difference between Defect in Goods and Deficiency in Services?

Under the Consumer Protection Act, 1986, both “defect” and “deficiency” are grounds for filing consumer complaints, but they apply to different scenarios:

Defect in Goods:
A defect refers to any fault, imperfection, or shortcoming in the quality, quantity, standard, or purity of goods. For example, a television with a cracked screen or expired food items are defective goods. These are physical products that fail to meet the promised standards.
Deficiency in Services:
Deficiency refers to any flaw or inadequacy in the nature, quality, or performance of a service that is expected to be rendered. For instance, delay in delivery of internet service or poor medical treatment falls under deficiency in services.

In short, “defect” applies to tangible products, while “deficiency” applies to services. Both lead to consumer grievances and entitle the consumer to legal remedies under the Act.

✅ 7. What is Meant by ‘Unfair Trade Practice’?

An Unfair Trade Practice (UTP) refers to dishonest or deceptive conduct used by sellers or service providers to promote the sale or supply of goods and services. The Consumer Protection Act, 1986 defines UTP under Section 2(1)(r) and prohibits such practices to protect consumers.

Examples of UTP include:

Misleading advertisements – making false claims about a product’s performance.
Hoarding or black marketing – deliberately creating shortages to inflate prices.
Offering gifts with hidden conditions – claiming “free gifts” with purchase but not disclosing the actual costs or terms.
False warranties or guarantees – promising services or repairs without intent to fulfill them.

Such practices deceive consumers, distort competition, and reduce market transparency. Consumers who fall victim to UTP can file complaints in the consumer forums and claim compensation or corrective orders. Addressing unfair trade practices is vital to maintain consumer trust and fair competition in the marketplace.

✅ 8. What Remedies are Available to Consumers under the Act?

The Consumer Protection Act, 1986 (now updated in 2019) provides a wide range of remedies to consumers who face issues due to defective goods, deficient services, or unfair trade practices. Some key remedies include:

Replacement of Goods – If a product is defective, the consumer can demand a replacement with a new one.
Refund of Price Paid – In case the product or service is unusable or not as promised, the amount paid can be refunded.
Compensation for Loss or Injury – Monetary compensation may be awarded for physical, financial, or mental harm suffered.
Removal of Defect – The manufacturer or seller may be ordered to repair or correct the defect in the product.
Discontinuation of Unfair Practices – The authority may direct businesses to stop misleading advertisements or unfair practices.
Legal Costs – The consumer may also be compensated for the cost of legal proceedings.

These remedies are accessible through the three-tier redressal system: District Forum, State Commission, and National Commission, depending on the claim value. The aim is to ensure speedy and effective justice to consumers.

✅ 9. What are Judicial and Non-Judicial Remedies Available under Consumer Law?

Under consumer law, remedies are classified into judicial (legal) and non-judicial (alternative) methods for resolving consumer disputes.

Judicial Remedies: These involve approaching a formal legal forum or consumer court. The Consumer Protection Act provides a three-tier redressal mechanism:

District Consumer Disputes Redressal Commission (up to ₹1 crore)
State Commission (₹1 crore – ₹10 crores)
National Commission (above ₹10 crores)

Judicial remedies include compensation, refund, product replacement, order to discontinue unfair practices, and punitive damages in extreme cases.

Non-Judicial Remedies (Extra-judicial): These are informal ways to resolve disputes, including:

Consumer Awareness Programs
Negotiation
Mediation and Conciliation (especially under Consumer Protection Act, 2019)
Consumer Welfare Organizations or NGOs
Voluntary Consumer Forums

Non-judicial methods are cost-effective, quicker, and less technical, though enforcement can be weaker compared to courts. Judicial remedies, on the other hand, are binding but may take longer.

✅ 10. What is Meant by ‘Compensation’ in Consumer Law?

In consumer law, compensation means monetary relief awarded to a consumer who has suffered loss or injury due to defective goods, deficient services, or unfair trade practices. Compensation aims to restore the aggrieved party to the position they were in before the harm occurred.

Under Section 14 of the Consumer Protection Act, consumer forums can direct the opposite party to:

Pay compensation for any loss or injury suffered
Refund the amount paid
Reimburse litigation costs

Compensation can be:

Actual/General: For financial loss or inconvenience.
Special: For quantifiable damages like medical bills.
Punitive: In cases of gross negligence or willful misconduct.

Example: If a consumer buys a refrigerator that malfunctions and damages other stored items, the manufacturer may be directed to pay the cost of the fridge and the spoiled goods.

✅ 11. Define the Term ‘Redressal Machinery’ under the Consumer Protection Act.

The redressal machinery under the Consumer Protection Act refers to the statutory structure established for resolving consumer disputes efficiently and affordably. The Act establishes a three-tier quasi-judicial system:

District Commission – For cases up to ₹1 crore.
State Commission – For cases between ₹1 crore and ₹10 crores.
National Commission – For claims exceeding ₹10 crores.

Each commission comprises a President (retired judge) and members with legal or consumer affairs knowledge. These forums are empowered to:

Enquire into complaints
Conduct hearings
Provide suitable remedies like compensation, product replacement, etc.

The system is designed to be consumer-friendly with minimal court formalities and allows consumers to represent themselves or through authorized agents.

The Consumer Protection Act, 2019 has further strengthened redressal by including:

E-filing of complaints
Video conferencing for hearings
Mediation cells for amicable settlement

✅ 12. What is the Liability of Service Providers under the Consumer Protection Act?

Service providers are liable under the Consumer Protection Act if they fail to provide services as promised, resulting in loss, inconvenience, or injury to the consumer.

Grounds of liability include:

Deficiency in service
Unfair trade practices
Negligence
Misleading advertisements

For example, if a courier company delays delivery or loses a parcel, it is liable for deficiency. Similarly, doctors or hospitals providing incorrect treatment may face liability for medical negligence.

Types of services covered:

Banking
Transport
Telecom
Medical
Insurance
Education

Remedies:

Compensation
Refund
Service correction
Discontinuation of unfair practices

Under the Consumer Protection Act, 2019, celebrities and endorsers can also be held liable if they promote false claims.

✅ 13. Explain the Liability of Manufacturers under Consumer Law.

Manufacturers are responsible for ensuring their products meet safety, quality, and standard requirements. Under consumer law, they are liable for:

Defective goods: Manufacturing flaws, design defects, or inadequate warnings.
Negligence: Carelessness in production or safety testing.
Unfair trade practices: Misleading packaging or advertisements.

The Consumer Protection Act, 2019 introduced the concept of Product Liability. Manufacturers can be sued even if there is no direct contract with the consumer.

They must:

Ensure the product is safe and fit for use.
Warn about known risks.
Avoid deceptive claims.

Example: A company selling a pressure cooker that explodes due to poor material is liable for compensation.

✅ 14. What is the Role of Traders under the Consumer Protection Act?

Traders, including retailers, wholesalers, or distributors, play a vital role in the supply chain. Under the Act, traders can be held liable if they:

Sell defective goods
Charge more than MRP
Use false or deceptive trade practices
Fail to issue bills
Provide fake guarantees

Traders are expected to maintain transparency and ensure products are not expired or misbranded. If they knowingly sell defective goods, their liability increases.

Example: A retailer selling expired food items may be liable for health hazards and can be ordered to refund or compensate the consumer.

✅ 15. How is the Assessment of Damages Done in Consumer Disputes?

Damages in consumer disputes are assessed based on the nature and extent of loss or injury suffered by the consumer. The assessment considers:

Nature of defect or deficiency
Actual financial loss
Mental harassment or inconvenience
Negligence or malafide intention
Cost of litigation

Damages can be:

Compensatory: To reimburse actual loss.
Punitive: To punish the opposite party for deliberate wrongdoing.
Nominal: Token amount when actual loss isn’t major but a legal wrong is established.

Consumer forums rely on documents, receipts, expert opinions, and witness testimony to determine fair compensation. The aim is to place the consumer in the position they would have been in had the defect or deficiency not occurred.

✅ 16. What is the Significance of the Consumer Protection Act, 1986?

The Consumer Protection Act, 1986 is a landmark legislation in India aimed at protecting the interests of consumers against unfair trade practices, defective goods, and deficient services. Before this Act, consumers had limited remedies under contract or tort law, which were often expensive and time-consuming.

Key Significance:

Consumer empowerment: It legally recognized six rights of consumers, including the right to safety, information, choice, redressal, consumer education, and to be heard.
Simple and speedy redressal: The three-tier quasi-judicial machinery (District, State, and National Commissions) ensures timely justice without complex legal procedures.
Protection from exploitation: The Act addresses problems like overcharging, adulteration, spurious goods, and misleading advertisements.
Promotes accountability: Traders, manufacturers, and service providers are held legally responsible for any harm caused to consumers.

Although the Act was repealed and replaced by the Consumer Protection Act, 2019, its legacy laid the foundation for consumer rights in India.

✅ 17. How Does the Consumer Protection Act, 2019 Differ from the 1986 Act?

The Consumer Protection Act, 2019 was enacted to replace the outdated 1986 law and make consumer protection more effective in the modern digital economy.

Key Differences:

E-filing of complaints: Consumers can now file complaints online.
Central Consumer Protection Authority (CCPA): A new regulator to deal with unfair trade practices and enforce rights.
Product liability: Introduced explicit provisions for holding manufacturers and sellers accountable for defective products.
Mediation: Promotes out-of-court settlements through mediation cells.
Stricter rules on misleading ads: Endorsers and celebrities can be penalized for false claims.
Expanded definition of ‘consumer’: Now includes online transactions and e-commerce platforms.

This new Act provides stronger protection, faster resolution, and broader scope for modern consumer issues, making it more aligned with digital and global market trends.

✅ 18. What are the Limitations of Consumer Protection Laws?

Though consumer protection laws offer many benefits, they have some limitations:

Awareness is low: Many consumers, especially in rural areas, are unaware of their rights or how to file complaints.
Delays in disposal: Despite being a speedy forum, backlog and lack of infrastructure sometimes delay decisions.
Limited enforcement power: Consumer commissions do not always have robust mechanisms to enforce their orders.
Lack of technical expertise: Complex disputes, like medical negligence, require expert panels which are sometimes unavailable.
E-commerce challenges: Jurisdictional issues arise in cross-border or online disputes.

While reforms like the 2019 Act are addressing some of these, more awareness, stronger enforcement, and digital literacy are needed for full effectiveness.

✅ 19. Explain the Role of Consumer Forums in Protecting Consumer Rights.

Consumer Forums (also called Consumer Disputes Redressal Commissions) play a vital role in upholding consumer rights by resolving disputes related to goods and services.

Roles:

Dispute resolution: Forums offer an accessible and cost-effective platform for consumers to file complaints.
Enforcing remedies: They can order compensation, product replacement, refunds, and stop unfair practices.
Promote justice: Forums discourage unethical business behavior by holding sellers accountable.
Create awareness: Through judgments and outreach, they educate the public about consumer rights.

Consumer forums exist at three levels — District, State, and National — each with specific pecuniary jurisdiction. Their decisions carry legal authority, though they function with simplified procedures. They have significantly helped in empowering Indian consumers.

✅ 20. What is the Importance of Consumer Awareness in Consumer Protection?

Consumer awareness is crucial in protecting the rights and interests of consumers. A well-informed consumer can identify defective goods, avoid unfair practices, and assert their rights effectively.

Importance:

Empowers consumers to make informed decisions.
Reduces exploitation by creating demand for quality and transparency.
Encourages responsibility among businesses to maintain ethical practices.
Improves enforcement of consumer laws as more people report violations.

Government programs like Jago Grahak Jago, educational campaigns, and school curriculums play a major role in spreading awareness. In today’s complex market with increasing e-commerce and digital fraud, awareness is not just a right but a necessity for consumer safety.

✅ 21. What is the Role of Mediation under the Consumer Protection Act, 2019?

The Consumer Protection Act, 2019 introduced mediation as an alternative dispute resolution (ADR) mechanism to promote speedy and amicable settlement of consumer disputes.

Key Features:

Mediation cells are set up in every District, State, and National Commission.
If both parties agree, the Consumer Commission may refer the dispute for mediation before proceeding to trial.
The process is voluntary, confidential, and non-adversarial.
The agreement reached through mediation is binding and enforceable like a court order.

Benefits:

Faster resolution compared to traditional hearings.
Cost-effective, reducing legal expenses.
Preserves relationships between consumers and service providers or traders.

Example: A complaint against a mobile company for overcharging may be resolved through mutual agreement via mediation, saving time and effort.

Mediation reflects a shift toward collaborative justice in consumer law and reduces the burden on the formal court system.

✅ 22. Define Misleading Advertisement under Consumer Law.

A misleading advertisement is one that falsely describes a product or service, misrepresents facts, or creates a deceptive impression, leading consumers to make uninformed decisions.

Under the Consumer Protection Act, 2019, a misleading advertisement:

Gives a false guarantee.
Deliberately conceals important information.
Misleads about the quality, quantity, price, or performance.
Uses fake testimonials or endorsements.

Example: A fairness cream ad claiming “guaranteed results in 7 days” without scientific backing is misleading.

Consequences:

Advertisers, manufacturers, and endorsers can be penalized.
The Central Consumer Protection Authority (CCPA) can order the discontinuation of such ads and impose fines.

Misleading advertisements harm consumer rights and market fairness. Hence, stricter monitoring and legal action under the 2019 Act ensure consumer trust and accountability in marketing.

✅ 23. Explain the Concept of E-commerce and Its Regulation under the Consumer Protection Act, 2019.

E-commerce refers to buying and selling goods or services through online platforms such as websites or mobile apps. With the rise of digital markets, the Consumer Protection Act, 2019 introduced specific provisions to regulate e-commerce entities.

Key Features:

E-commerce platforms must display product details, seller identity, terms of return, and grievance redressal mechanisms.
They must ensure transparency in pricing and advertisements.
Marketplaces like Amazon must disclose seller information, while inventory-based models must take responsibility for quality.
E-commerce platforms are now under the scope of the definition of “service provider” and must follow consumer law compliance.

Grievance Officers must be appointed by these platforms, and complaints must be resolved within 30 days.

This regulation ensures consumer rights in the digital economy, holding online businesses accountable for any unfair trade practices.

✅ 24. What is the Role of the Central Consumer Protection Authority (CCPA)?

The Central Consumer Protection Authority (CCPA) was established under the Consumer Protection Act, 2019 to promote, protect, and enforce the rights of consumers.

Key Functions:

Investigate and take action against unfair trade practices and misleading advertisements.
Order product recalls, refunds, or discontinuation of services.
Impose penalties on manufacturers, advertisers, and endorsers.
Conduct search and seizure operations.
File complaints before consumer commissions in case of class-action matters.

The CCPA has an Investigation Wing headed by a Director-General, and its orders carry legal authority. It acts suo motu or on complaints received.

By centralizing enforcement, the CCPA strengthens consumer protection, ensures market discipline, and deters unethical practices.

✅ 25. What is the Jurisdiction of the District Consumer Disputes Redressal Commission?

The District Consumer Disputes Redressal Commission is the first tier in the three-level redressal system established under the Consumer Protection Act.

Jurisdiction:

Pecuniary Jurisdiction:
- Handles complaints where the value of goods/services does not exceed ₹1 crore.
Territorial Jurisdiction:
- Complaints can be filed where the opposite party resides, carries on business, or where the cause of action arises.

Powers:

Hear cases involving defective goods, deficient services, or unfair trade practices.
Issue orders for compensation, refund, product replacement, or removal of defects.
Refer disputes to mediation.

Composition:
A President (retired judicial officer) and at least two members.

District Commissions make consumer justice more accessible at the grassroots level, promoting speedy, affordable, and simple redressal for common consumers.

PAPER- IV: LAW OF TORTS AND CONSUMER PROTECTION LAWS Short Answer

1. Define the term ‘Tort’. What are its essential elements?

2. Discuss the development of Tort Law in England and India.

3. What is a wrongful act in tort law?

4. Explain the concept of legal damage.

5. Distinguish between Tort and Crime.

6. Distinguish between Tort and Breach of Contract.

7. What are the general principles of liability in torts?

8. Explain the concepts of Fault, Wrongful Intent, and Malice.

9. What is negligence in tort law?

10. Who are the parties to tort proceedings?

11. Explain the maxim ‘Injuria Sine Damnum’.

12. Explain the maxim ‘Damnum Sine Injuria’.

13. What is strict liability in tort?

14. What is absolute liability? How is it different from strict liability?

15. What is statutory liability in tort law?

16. What is vicarious liability?

17. Who is a joint tortfeasor?

18. What is malice in tort law?

19. What are the remedies available in tort law?

20. Who can sue and be sued in tort law?

21. What is nuisance in tort law?

22. Define defamation and explain its types.

23. What is trespass to person?

24. Explain the tort of false imprisonment.

25. What is the tort of malicious prosecution?

26. What is the tort of negligence?

27. Explain the doctrine of vicarious liability with an example.

28. What is the difference between libel and slander?

29. What is the tort of passing off?

30. What is injurious falsehood?

✅ 1. What is Vicarious Liability in tort law?

✅ 2. What is the liability of the State for torts?

✅ 3. What is Sovereign Immunity?

✅ 4. What is Joint Liability?

✅ 5. Who are Joint Tortfeasors?

✅ 6. What is the Rule of Strict Liability?

✅ 7. What is the Rule of Absolute Liability?

✅ 8. What is Occupiers’ Liability?

✅ 9. What are Waiver and Acquiescence?

✅ 10. What happens to tort claims after death?

✅ 11. What is the defence of Volenti non fit injuria?

✅ 12. What is the defence of Inevitable Accident?

✅ 13. What is the defence of Act of God?

✅ 14. What is Private Defence?

✅ 15. What is the defence of Necessity?

✅ 16. What is Statutory Authority?

✅ 17. What is the difference between Strict and Absolute Liability?

✅ 18. What is Accord and Satisfaction?

✅ 19. What is Release in tort law?

✅ 20. What is the effect of Death on tortious liability?

✅ 21. What is the defence of Mistake in tort law?

✅ 22. What is Consent as a defence in torts?

✅ 23. What is the defence of Plaintiff’s Wrong (Contributory Negligence)?

✅ 24. What is Malice in tort law?

✅ 25. What is the Rule in Rylands v. Fletcher?

✅ 26. What is a Public Nuisance?

✅ 27. What is Private Nuisance?

✅ 28. What is the remedy of Injunction in tort law?

✅ 29. What is Damnum Sine Injuria?

✅ 30. What is Injuria Sine Damnum?

✅ 31. What is the difference between Public and Private Nuisance?

✅ 32. What is the Maxim “Ubi jus ibi remedium”?

✅ 33. What is Contributory Negligence?

✅ 34. What is Composite Negligence?

✅ 35. What is Nuisance per se?

✅ 36. What is Trespass to Land?

✅ 37. What is False Imprisonment?

✅ 38. What is Defamation in torts?

✅ 39. What is Negligence in tort law?

✅ 40. What is the doctrine of Res Ipsa Loquitur?

✅ 1. What is Assault in Law of Torts?

✅ 2. What is Battery in Tort Law?

✅ 3. What is False Imprisonment in Torts?

✅ 4. Define Malicious Prosecution.

✅ 5. What is Nervous Shock in Torts?

✅ 6. What is Trespass to Land in Tort Law?

✅ 7. What is Private Nuisance in Tort Law?

✅ 8. What is Public Nuisance in Tort Law?

✅ 9. Distinguish Between Trespass and Nuisance.

✅ **11. What is the defence of Volenti non fit injuria?**

✅ **25. What is the Rule in Rylands v. Fletcher?**