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Law of Tort, Consumer Protection and Motor Vehicle Act

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Law of Tort, Consumer Protection and Motor Vehicle Act
By Dr. Meera Singh
A comprehensive guide in the Law Exam Times Question Answer Series, featuring solved previous years’ examination questions from Dibrugarh, Gauhati, Pune, and other prominent Indian universities. This book offers a detailed analysis of core legal concepts, case laws, and multiple-choice questions based on the Law of Torts, Motor Vehicle Accidents, and Consumer Protection Act.

Table of Contents:

Unit 1: Definition and Nature of Tort – Discusses general principles, key distinctions, and essential conditions of liability.
Unit 2: General Exceptions and Vicarious Liability – Covers defenses like Volenti Non Fit Injuria, Act of God, and more.
Unit 3: Specific Torts – Examines trespass, defamation, nuisance, negligence, and other torts.
Unit 4: Consumer Protection Act – Provides an overview of consumer rights and dispute redressal mechanisms.
Unit 5: Motor Vehicle Act – Explores liability, insurance, and claims tribunal processes.

This book is an essential resource for law students preparing for exams, offering updated insights and practical guidance on the latest legal frameworks.

Description

Law of Tort, Consumer Protection and Motor Vehicle Act : Dr. Meera Singh : A Law Exam Times Question Answer Series with previous years questions solved asked in the examination of Dibrugarh, Gauhati, Pune and many Other Indian Universities

Table Of Contents

IMPORTANT QUESTIONS AND ANSWERS Law of Torts, M.V. Accident and Consumer Protection Act (ALONG WITH CASE LAWS & MCQ’S)		Page No.
UNIT 1: Definition and Nature of Tort. 16 MARKS
1.1	General Principles – Definition, nature, scope, characteristics – Tort in England and Tort in India.
1.2	Distinction between Tort and Crime, Tort and Breach of Contract, Tort and Breach of Trust, Tort and Quasi Contract etc.
1.3	Essential Conditions of Liability in Tort ‐ Damnum Sine Injuria ‐ Injuria Sine Damnum ‐ Malice, Motive, Intention
1.4	Foundation of tortious liability, Fault liability, Strict liability, Statutory liability, Liability without fault, Principles of Insurance in tort.
1.5	Personal capacity
1.6	Justification of torts
	Referred Cases: 1. Ashby Vs, White (1703) 2 Lord Raym 938 2. Donoghue Vs. Stevenson (1932) All ER Rep. I 3. Dr. Sharad Vaid Vs. Pentro, AIR 1992 Bombay 478
UNIT 2: General Exception to Liability in Tort and Vicarious Liability. 16 MARKS
2.1	Volenti Non fit Injuria, Act of God, Inevitable Accident, Necessity, Private Defence, Statutory Authority.
2.2	Act of State, Plaintiff the wrongdoer, Judicial and Quasi – Judicial acts, Executive act, Mistake, Parental and Quasi – Parental authority.
2.3	Principles of liability in torts Vicarious liability – Master and Servant relation, Distinction between servant and Independent Contractor, Course of Employment, Hospital cases, Common Employment, Liability for tort in independent contractor, Master’s duties towards servant, Servants duties to the Master, Joint TortFeasors. Referred Case : 1. Bhopal Gas Leak Disaster cases may be discussed.
2.4	Capacity to sue – to sue and to be sued and Remedies
2.5	Motor Vehicle Act, 1988 – No fault liability ‐ Effect of death of parties in tort – Compensation ‐ Insurer’s liability – Driving without driving licence Referred Case : 1. K. Nandakumar Vs. M.D. Thantai Periyar Transport Corporation 1996 ACT 555 (S.C.)] (for fault liability)
2.6	General Remedies – Judicial remembers, Extra judicial remedies, Damages, Remoteness of damages and Nervous shock, Novus Actus Interveniens (isolated tort) Referred Cases : 1. Re Polemis and Furness Withy & Co. (1921) 3 KB 560 (for Remoteness of damages) 2. King Vs. Berry (1970) I All ER 1074 (for Nervous Shock) 3. Martin F. D’Souza V. Mohd. Ishfag (2009) 3 SSC 1
UNIT 3: Specific Torts. 16 MARKS
3.1	Trespass to the Person – Assault battery, mayhem – False imprisonment
3.2	Trespass to land – its remedies Trespass to goods, detune & conversion State Torts relating to incorporeal personal property
3.3	Defamation (with essentials) – Innuendo, Libel, Slander, Defences
3.4	Nuisance – Private and Public Nuisance and Remedies
3.5	Negligence – Contributory Negligence and Remedies
3.6	Abuse of legal procedure – Malicious Prosecution
3.7	Deceit – Rule in Derry Vs. Peak
3.8	Strict liability – Rule in Rylands Vs. Fletcher Strict & Absolute Liability
UNIT 4: Consumer Protection Act. 16 MARKS
4.1	Definition of Consumer, Deficiency in service, defects in Goods, Complaint, Complainant, Recognized consumer Association etc. and Objectives of the Consumer Protection Act, 1986.
4.2	Consumer Disputes Redressal Agencies 16 4.2.1 Composition, Jurisdiction, Power and Functions of District Forum, State Commission and National Commission. 4.2.2 Making of complaints, procedure on receipt of complaint, Finding of the District Forum, Appeals and execution of orders.
4.3	Important Guidelines for protecting consumer Rights.
4.4	Patient is Consumer under Medical services. Referred Cases : 1. Vasantha P. Nair Vs. Smt. V.P. Nair I (1991) CPJ 685 and Indian Medical Association V.V.P. Shantha and Qrs. III 91985) CPJI (S.C.) : AIR 1996 S.C. 550]
4.5	Restriction and Unfair Trade Practices
4.6	Restrictive Trade Practice, Hazardous Goods
4.7	C.P.A., Position after the 1993 Amendment Act.
UNIT 5: Motor Vehicle Act. 16 MARKS
5.1	Motor Vehicles Act, 1988 (as amended up to date)
5.2	Liability without faults/ compulsory third party insurance
5.3	Claims Tribunal
Referred Cases
Multiple Choice Questions
Question Paper