Law of torts is the study of civil wrongs which are of private nature. There is no statutory presence of tort law in India, however, it is actively practiced in Indian Courts. It is an important Book to understand the principles of civil liability which contribute to better society living. It focusses more on private wrongs which harm the individual or groups of individuals more than the society at large. It enlists duties that a citizen has to follow to avoid liabilities and at the same them entitles them with personal rights.
TOPICS COVERED IN THE BOOK:
I. INTRODUCTION AND PRINCIPLES OF LIABILITY IN TORT
• Introduction
• Definition, Nature and Scope of Law of Torts – Torts and Crime– Torts and Contract – Essential Elements of Law of Torts- Injuria Sine Damnum and Damnum sine injuria
• Pigeon Hole Theory
• Capacity and Parties in Torts –Joint and Several Tort-feasors – Malfeasance, Misfeasance, Nonfeasance
• Defenses against Tortious Liability- Volenti non-fit injuria, necessity, plaintiff’s default, Act of God, Inevitable accidents, Private defense, mistake.
II. SPECIFIC POPULAR TORTS-
• Vicarious Liability –Doctrine of Common Employment and Book of employment.
• Liability of the State in tort- Doctrine of Sovereign Immunity
• Strict Liability – Defences available
• Absolute Liability
• Nuisance –Types of Nuisance: Private, Public and Statutory Nuisance Remedies – Defences
• Negligence – Definition – Elements of Negligence
• Trespass
• Nervous Shock
• Defamation – Introduction – Definition – Libel and Slander – Its Differences – Essentials of Defamation –Defences
• Malicious Prosecution & False Imprisonment
• Remedies available- Damages, Injunction