3 questions in AIBE

Law of Torts

General principles of torts, negligence, nuisance, defamation, strict liability, vicarious liability, and consumer protection.

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Key Topics in Law of Torts

General Principles of Tort and LiabilityHIGH

Foundational concepts including definition of tort, essential elements (wrongful act, legal damage, legal remedy), damnum sine injuria, injuria sine damno, mental elements (malice, intention, negligence), general defences (volenti non fit injuria, act of God, necessity, private defence, statutory authority), and distinction between tort and crime/contract

Negligence and Strict/Absolute LiabilityHIGH

Duty of care, breach of duty, causation and remoteness of damage, res ipsa loquitur, contributory negligence, Donoghue v. Stevenson neighbour principle, rule in Rylands v. Fletcher (strict liability), exceptions to strict liability, and absolute liability under M.C. Mehta v. Union of India for hazardous enterprises

Vicarious Liability and Liability of the StateMEDIUM

Master-servant relationship, course of employment, borrowed servant doctrine, independent contractor liability, principal-agent liability, liability of partners, liability of the State/Government in tort, sovereign immunity doctrine, and constitutional tort under Article 21

Specific Torts — Nuisance, Defamation, and TrespassMEDIUM

Public and private nuisance, essentials and defences for nuisance; defamation (libel and slander), essentials, defences including justification, fair comment, privilege (absolute and qualified); trespass to person (assault, battery, false imprisonment), trespass to land and goods, and malicious prosecution

Consumer Protection and Tortious Liability under Motor Vehicles ActMEDIUM

Tortious claims under Motor Vehicles Act 1988 (no-fault liability under Sections 140, 163A), compensation principles, structured formula under Second Schedule, relationship between tortious negligence and statutory motor accident compensation, and Consumer Protection Act 2019 tort interface

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