22 PAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester, 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition, distinction between tort, crime, contract, breach of trust. 2. Essential conditions of liability – Damnum Since injuria, Injuria sine damnum, Malice, Motive. 3. Foundations of tortuous liability, fault liability, strict liability, principles of insurance in torts. 4
Tort Law Tort Law has been a Civil Law practiced and used since the beginning of Law, after mankind first discovered what was right and what was wrong. It is a private or civil wrong for which damages may be removed and involves; falls at work, work vehicles, and nuisances. It’s a civil law that can be recognized for a law suit. It has a wide range of provisions and can range from negligence, purposeful, and ethics. Among the types of damages the injured party may recover are: loss of earnings
Tort Liability and Contract Liability A tort is a legal term for "a wrong." The "tort law" is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them, whether it's a drunk driver, a corporation that manufactures a defective product, a credit card company that overcharges you, or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a school's
injured person 's 'knowledge ' in the case of an intentional assault”.3 Instead the High Court relied on the interpretation of Section 5(1A) of the Limitation of Actions Act 1958 (Vic), which reads as follows: “An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect
it is unclear whether this was communicated to the BKFC, the BKFC should have reasonably known that an individual depositing $2500 for a stall at their festival, following their words ‘huge profits’, would have reliance. Further, James McNaughton Paper Group v Hicks can be applied with regard to the reasonableness of reliance, where the court concluded the plaintiff should have made their own enquiry into the business rather than relying solely on the defendant’s statement. Additionally, the contract
injured person 's 'knowledge ' in the case of an intentional assault”. Instead the High Court relied on the interpretation of Section 5(1A) of the Limitation of Actions Act 1958 (Vic), which reads as follows: “An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect
acceptance. When two or more parties agree through offer and acceptance, and provide consideration, they create a legal relationship, which is legally binding and actionable by the law of contract. When Peter places an advertisement in the local paper, he gives information of the Rolls Royce, which anyone can make an offer and when accepted by Peter it amounts to fulfillment of a contract. Rooke v Dawson- an advertisement is not an offer because they lead to further bargaining. In this case, advertisement
offer and made a counter offer (Hyde v Wrench). The counter offer was sent through post and e-mail. Blue Chip accepted, in a bid to start the work they neglected to spot the changes made. Acceptance can be done in various ways. It can be on a signed paper, through emails, post or even by just putting the contract away and transfer the funds or start the work and get paid for it. Battle of the forms was won by Evershed.When there is a "battle of forms", said Lord Denning MR, it will be found in most
VIOLENCE AGAINST WOMEN - IN INDIA Introduction This research paper introduces the discussion of legal responses to violence against women. It provides the context for the more detailed examination of those legal issues to which the courts can respond. Its objective is to show the many ways in which violence is relevant to legal disputes, even where it is not the direct issue and even though it is often ignored. First, it discusses examples of different legal remedies that have been, or might
divided into public and private ,similarly on the basis of nature of crime that is severe or not it has been categorized as Civil and criminal and on the basis of part governed it is divided into substantive and procedural law. Although few laws like tort comes under private law as well as civil law but it helps in more deep understanding about it. For as Maine says, “a perfect classification of legal rules would distribute them according to their real relations with one another and would therefore