BTO101 | Torts I

COURSE DESCRIPTION

How does this course relate to the programme curriculum – is it a core or seminar – mandated by Bar Council or UGC – does it develop on a prior course in the programme or is the foundational or standalone course

Describe how you have approached the course. What have you included/excluded and why? Choice of materials – primary or secondary readings/case law

Describe your pedagogical method: lectures, Socratic discussion, seminar style discussion, response papers or group work; any field work.

Describe the layout of the course: module structure and sequence.

The Course titled as “Law of Torts including MV Accident and Consumer Protection Laws” is a Compulsory Course in legal education as prescribed under Part II Schedule I of Bar Council of India Rules of Legal Education, 2008. The Law of Torts is primarily concerned with redressal of wrongful civil actions by awarding compensation. In a society where persons live together, conflicts of interests are bound to occur and they may from time-to-time cause damage to one or the other.

Torts law provides individuals and groups with redress for injury to every dimension of life from physical injury, to property damage, to personal insult. Over past decades no area of law within the civil justice system has experienced greater ferment than the law of Torts and this has resulted in vital changes in thinking of the tortious liability.

Tortious liability has been codified only to a very limited extent such as Motor Vehicle Act 1988 and Consumer Protection Laws. Torts law evolves with changes in society and the demands for doing justice to those wronged by actions of others and is basically a judge made law. Hence students are required to study it in the light of judicial pronouncements and equip themselves with the latest developments extending to the entire course.

This course also deals with specific torts against the individual and property as they are exposed due to rapid growth in industrialization & inadequacy of the law to protect them. An attempt shall be made to introduce students to mass torts and industrial torts.

Given the expensive character of judicial proceedings, this course reflects on the alternative forms of dispute resolution, and remedies provided under the Consumer Protection Act, 2019 and Motor Vehicle Act, 1988. The choices of materials are both primary sources as well as secondary literature. The primary sources include case laws, legislations, rules, regulations, national surveys etc; whereas secondary reading include scholarly literature, books and commentaries etc.

● The course is designed to adopt the “Learner centric method”, where the students are encouraged to actively participate in the learning process and the teacher plays the role of a facilitator.

● Depending on the topic in discussion, classes may be structured in lecture format or steered through Socratic discussion.

● As appropriate, we intend to invite guest lecturers, and engage the students in simulation exercises, group discussion, and presentations.

● At the beginning of each class, students will be asked, what interesting event has occurred, news or any recent judgment/order rendered in respect to the broadly-defined torts law, consumer protection law or Motor Vehicles Act.