TOR102 | Torts II

The Course titled as Law of Torts including MV Accident and Consumer Protection Laws is a Compulsory Course in a legal education as prescribed under Part II Schedule I of Rules of Legal Education, 2008. Tort 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 Tort and this has resulted in vital changes in thinking of the tortuous liability. Tort law evolves with changes in society and the demands for doing justice to those wronged by actions of others. However, some parts of the law relating to civil wrongs have been entered into statutes, since the legislature felt the need for it. Hence the subject of tort is taught in two trimesters for enhancing in-depth understanding of the student in National Law School of India University Bangalore.

The Tort II is logical advancement of the same course. Whereas this course is designed to study 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 accorded to the individuals against mass torts and industrial torts. Keeping in the expensive character of judicial proceedings the students should reflect on the alternative forms, and also the remedies provided under the Consumer Protection Act, 2019 and Motor Vehicle Act, 1988. All efforts are being made to draw the attention of the student to various developments in the area in this course.

The course has an exclusion of General principle of Tort as the students have already studied in Torts I course during their first trimester. This Torts II Course is specially designed to study specific Tort against the individual and property recognised in the consumer welfare legislations like Consumer Protection Act, 2019 [along with Consumer Protection Act, 1986], Motor Vehicle Act, 1988 etc. The choices of materials are both primary readings as well as secondary readings. The primary source such as Statues, Rules, Regulations, case laws, national survey etc., whereas Secondary reading are Articles, Books etc.,

The course is designed to adopt the Lerner centric method as well as high-tech approach of learning where the students can actively participate and teacher would play a role of facilitator.
We plan to have guest lecturers, simulation exercise, and group discussion during the semester.
At the beginning of each class, students will be asked, what interesting event has occurred, news or any recent judgement/order rendered in respect to the broadly-defined consumer law or Motor Vehicles Act
Even depending on the topic Socratic discussion will also adopted
Layout of the course:

Module 1: Evolution of Consumer Protection in India; Birds Eye View of Consumer Protection Act, 2019; CP Rules 2020; CP Regulations 2020; Important Definitions; Special law Vs. General Law; Consumer Protection Councils; Central Consumer Protection Authority; Sue moto powers; Investigation.

Module 2: Consumer Dispute Redressal Commissions- NCDRC, SCDRC, DCPRC; Commissions Powers, Enforcement, Execution, Review, Revision, Appeal; Product Liability; E-Commerce; Direct Selling; Misleading Advertisement; Endorser Liabilities; Rules and Regulations.

Module 3: Mediation; Offences and Penalties; Power of Central Govt, State Govt and CCPA to make Rules;  Drafting of Notice, Complaint, Affidavit, Objections; Motor Vehicle Act, 1988- Motor Vehicle Insurance- No-Fault Liability; Mass Tort.