You are on page 1of 22

TAMIL NADU NATIONAL LAW SCHOOL

(A State University established by Act No.9 of 2012)

B.A., LL.B (HONS) DEGREE COURSE

FIRST SEMESTER

2015-2016

Navalurkuttappattu, Dindigul Main Road, Srirangam Taluk, Tiruchirappalli – 620 009
Tamil Nadu, India. www.tnnls.in

TAMIL NADU NATIONAL LAW SCHOOL
TIRUCHIRAPPALLI- 620 009
B.A., LL.B. (HONS.) – FIRST SEMESTER
CONTENTS

Sl. No. Subject Code Subject Page No

1. HAAA English- I 1

2. HAAB Sociology - I 3

3. HAAC Political Science - I 7

4. HAAD Legal Methods 11

5. HAAE Law of Torts 15

(HONS. Tiruchirappalli and welcome to the course. and to understand how these interpretations can change with time. but also with how laws attach significance to some languages over others. TAMIL NADU NATIONAL LAW SCHOOL. Language is central to both the creation and implementation of law.  To understand the difference between language and ideas by learning to express the ideas of others in your own words. The question ‘why law and language’ is always going to be an important one.  To appreciate the language question in the Indian Constitution and the difference between language as mother tongue. to examine how significant the context of words is to their meaning. and how they are applied. Objectives of the Course:  To explore the significance of language to communication and identity. you ask. TIRUCHIRAPPALLI I YEAR I SEMESTER B.B. . LL.  To learn how to write and communicate effectively. the medium of educational instruction and the language of official communication. The intersections between law and language deal not only with how laws and drafted. what form they take.. Why.) DEGREE COURSE PAPER – I ENGLISH – I SUBJECT CODE: HAAA INTRODUCTION AND COURSE OUTLINE Welcome to The Tamil Nadu national Law School.  To appreciate techniques of interpretation used in law. should you spend your time in law school learning English? The answer to that is that the kind of English you’ll study in law school will equip you to understand the law better. official language.A.

and amendments made to it.Module I: An Uneasy Compromise : Status and Identity of Language in the Indian Constitution: This module will examine the Constituent Assembly Debates on the question of language. concisely and formally. the role of Hindi under the Constitution. the Official Languages Act. paraphrase. Module II: Learning to Read and Write Effectively: This module will focus on learning how to write clearly. despite being cited. In examining how the politics of language played out. 1963. Most of the exercises in this selection will be done through tutorials. Examples of good and bad writing will be shown in class. this module will bring out why there is a need to acknowledge the work of other people in the realm of scholarship. and strategies for writing well will be demonstrated. the benefits of correct punctuation brought out. In trying to avoid plagiarism. Module III: the Importance of Writing on Your Own: What Constitutes Plagiarism and how to avoid it: Through a discussion of what plagiarism is. and the ‘Plain English’ School. we will also look a the major cases under the Constitution’s linguistic provisions and the official Languages Act. and common grammatical errors will be demonstrated. Classes will also be taken on how to draft précis and make case briefs. along with the text of the Constitution. In doing so. Assignments on writing will be given. This module in the course shall be taught largely through tutorials and through a discussion of the writing assignments that will be given. will still be considered plagiarism. . the course will discuss how students can summarize. and make notes of arguments. questions on the importance of English. How is such work to referenced? What counts as acceptable borrowing. This module will attempt to show the difference between ‘legalese’ and excessive verbosity on one hand. and what. and its role vis-a-vis other languages will be brought out.

students will learn the importance of being concise while at the same time not losing out on precision and the formality that legal language requires. Legalese and Plain Language: This module distinguishes between words and phrases which have functional importance and phrases which are used to obtain professional suzerainty. In a sense. General Legal terms Module V: Words: Their Meanings and Interpretation : Do words have meanings absent of context? Is meaning present or extracted through interpretation? Does Authorial Meaning have precedence over the reader’s meaning? Does the meaning of texts evolve or is it frozen in time? Through a discussion including but not confined to legal cases. . these questions will be debated and discussed. Legal Maxims 2. 1. Through bringing out the difference between plain language and imprecise simplification.Module IV: Legal Words and Phrases . this will also be an entry point into the later law and literature course.

) DEGREE COURSE PAPER – II SOCIOLOGY-I SUBJECT CODE: HAAB Sociology: A Critical Introduction The Broad Aim of the Course: is to introduce the discipline of sociology to the students of law. relations. The lectures and the readings are intended to complement each other. You are also encouraged to read recommended readings. not copy each other.A. processes and.. issues. Therefore students are expected to read all the required readings before class and be prepared to discuss the major issues raised in the material. concepts. as well as ask questions about the readings and the lectures. social issues. LL. theories. Course Content: The discipline of sociology is offered with an understanding that the sociological categories and approaches can influence to a greater extent the legal reasoning in our context. It is essential for law students to have a basic and critical understanding of social issues. as law is inextricably related to socio-political institutions and language of power and governance. (HONS. methods. In addition to this. Course Outline: I. The lectures will not simply summarize the course readings. the course also exposes the students to the fundamentals of sociology of Indian society. In order to develop their own perspectives on the issues that are discussed in the readings.B. that are not discussed in the readings. TAMIL NADU NATIONAL LAW SCHOOL. The course is structured around a number of basic concepts. They will often address theories. The lectures will utilize material from the course readings. What is Sociology? (4 Hours) a) Developing a sociological outlook b) The difference between ‘sociology’ and ‘common sense’ . the students will be asked to raise certain questions and discuss them in the classroom after the lectures everyday. but they will also go beyond the readings in a variety of ways. etc. issues and. TIRUCHIRAPPALLI I YEAR I SEMESTER B. mentioned in the lectures and identified on the course outline below. This is done by encouraging students to develop a critical engagement with the various basic sociological concepts. social processes and theories. Methods of Teaching and Learning: It is a combination of lecture and discussion of course readings.

c) Sociology: Issues and Problems II. Social Processes (4 Hours) a) Socialization b) Social Mobility c) Religious Conversion d) Social Exclusion and Inclusion VI. Organized Crime and White Collar Crime VII. Social Structure and Change in India (12 Hours) . Theories of Society: Basics (9 Hours) a) Functionalism b) Marxism c) Weber’s contribution to sociological theory VIII. Primary Concepts (4 Hours) a) Society and Community b) Norms and Customs III. Social Problems: (5 Hours) a) Deviance and Compulsive Deviance b) Crime. Social Stratification (5 Hours) a) Class b) Caste c) Gender d) Race V. Social Institutions (5 Hours) a) The Family and Marriage b) Religion IV.

Critical Events: An Anthropological Perspective on Contemporary India. Berreman. Bottomore. (1992). London: The Macmillan Press Ltd 14. (1965). (eds) Institutions and inequalities. Chicago: University of Chicago Press. Sociology. Sociology: Essays on Approach and Method. Understanding Indian Middle and Working Classes d) Religion: ‘Great’ and ‘Little’ Traditions. 3. The Brahminical View of Caste. T. Contribution to Indian Sociology (N S) 5. ‘Universalization and Parochialization’. Mirrors of Violence. Andre. Das. VIII. Veena. Pocock (1959). (1986). 10. (2002). Sociology: A Brief but Critical Introduction. Geetha. Fuller. Modern Sociological Theory: An Introduction Delhi: Oxford University Press. Cambridge: Polity . New Delhi: Oxford University Press 7. Calcutta: Stree 13. Dumont. Dumont. 2002. 2. Delhi: Oxford University Press 6. Giddens. New Delhi: Oxford University Press. Anthony. Louis (1980) Homo Hierarchicus: The caste system and its implications. In Ramachandra Guha and Jonathan Parry. 11. (1972). Village Studies. Dumont.J. Sathish. 23-172. Sociology: A Guide to Problems and Literature. Veena. Beteille. Gender. The Brahmins and Brahminical Values in Modern Tamil Nadu. 12. (1999). (1996). (1988). a) Village Community b) Caste: Theories of caste. G. (2003).Oct. Contemporary India: A Sociological View. and Dominant Caste c) Class: Class and Caste relations in India. Das.F. D. Bombay: Blackie & Sons (India) Ltd 5. (2001). 9. M. C. Contributions to Indian Sociology. Abraham. New Delhi: Viking 8. Deshpande. V. and ‘Religion as Faith’ and ‘Religion as Politics’ e) Social Movements in India: Old and New Recommended Readings: 1. (1971). Contributions to Indian Sociology 1.B. New Delhi: Oxford University Press 4. Louis and D. Anthony. Sanskritization. Louis. Giddens. The functional equivalents of the individual in caste society.F.

Gopal (2001). (1981). Recognition Struggles and Social Movements. Harmondsworth: Penguin Books Ltd. Hatt. J. Srinivas. Hilary 2007 The process of social exclusion: the dynamics of an evolving concept CPRC Working Paper 95 Providence: Brown University 23. London: Oxford University Press. 18. Hobson. Delhi: Oxford University Press 20. Shah (ed). Dalit cultural movement in Maharstra. (2003). New Delhi: Prentice- Hall of India Private Limited . Cambridge University Press 21. Haralambos. (1987). In Ghanshayam. The language of Dalit–Bahujan Political discourse.N. Singapore: Mc Graw-Hill Book Company 16. Barbara. P. Gopal (1993).14. (1983). Guru. Srinivas. Charles.N.V. (1952). Scientific Social Surveys and Research. Cambridge. Silver. Inkeles. Dalit Movement in mainstream Sociology. (1980). New Delhi: Sage Publications.N. (1969). Methods in Social Research. M. Sociology: Themes and Perspective. Sociological Perspectives. Goode. 25. The Politics of Collective Violence. and Paul K. (1996). Dalit Identity and Politics. 26. Cambridge: Cambridge University Press 28. Guru. What is Sociology? New Delhi: Prentice-Hall of India Private Limited 22. New Delhi: Sage Publications. W. Delhi: Oxford University Press. Hindustan Publishing Co. India. Shah (ed). M and R. (2003). K and Jeremy Tunstall (eds). 27.15. Economic and Political Weekly XXVIII. In Ganshayam. 24. Religion and Society among the Coorgs of South India. Heald. 17.Social Structure. M. M. Tilly. Young. 19. Alex. The Dominant Caste and Other Essays. Gopal (2001). Guru. Dalit Identity and politics. Thompson. Srinivas. M. (1997).

growth and existence of the state through ancient.. further discusses about the nature of Political Power and its legitimacy.A. public policy and international affairs. It elaborates on the concept of state – fundamental area of enquiry of politics. It contains outline of political science especially in the context of state building perspectives and providing analytical skills is the key purpose of this course. TIRUCHIRAPPALLI I YEAR I SEMESTER B.. This module also discusses the concept of Sovereignty and Austin’s theory of sovereignty. LL. its relationship with society.B. political institutions. COURSE IS DIVIDED IN TO SIX MODULES MODULE 1 INTRODUCTION TO THE STUDY OF POLITICAL SCIENCE This module will introduce core area study of political science with its meaning. and equality. political participation. nature and scope.B (Hons) students. medieval and modern phases will be dealt with. social groups and individual and interstate relations. Meaning. political process. During this process various explanations of the origin. Further they will be given inputs into ideologies revolving around these key ideas. liberty. TAMIL NADU NATIONAL LAW SCHOOL. Students will be introduced to the key concepts of state and political power and gradually will acquaint with ideas of law. The scope of this subject is vast and is evolving continuously. CONTENTS 1. political thought. The subject mainly comprises the study of political theory. Course is a blend of traditional and contemporary issues. Legal system is a sub system of the sate system on the basis of which distributive and regulatory functions take place. (HONS.) DEGREE COURSE PAPER – III POLITICAL SCIENCE – I SUBJECT CODE: HAAC INTRODUCTION TO POLITICAL SCIENCE Political science as a subject deals with the theory of State. This is a basic course of political theory to the B. Forms and nature of government will also be introduced to them.A. LL. rights and obligations. Nature and scope of Political Science .

Various hues of liberal and socialist school of thought will be introduced. Contradictory and complimentary relationship between these concepts will be discussed. Rights and obligations: of Citizen and State MODULE 3 ESSENTIAL THEORETICAL ASPECTS OF POLITICAL SCIENCE – II DESCRIPTION This module continues the theoretical debate further and tries to explain how strong political convictions that means ideologies takes place based on the prime concepts of Library. Law: Sources of Law 2. Liberty: Meaning and scope 3. Liberty and equality will be introduced as interwoven concepts. This chapter gives a panoramic view of essential debates in politics ranging from new liberalism to multiculturalism. Neo liberalism. equality and justice. Origin and Significance 3. It starts with the prime ideas of equality and liberty and explains how these ideas are interwoven into debates around rights. Law. Meaning of Political Power. Ideas from liberalism to multiculturalism will be discussed. authority and legitimacy of the power MODULE 2 ESSENTIAL THEORETICAL ASPECTS OF POLITICAL SCIENCE – I DESCRIPTION This Module will deal with quintessential aspects of political theory. nature and organization of state further. CONTENT  Liberalism: Classical and Modern  Socialism and Communism . Equality: Meaning and Scope 4. will be dealt with. 2. This module paves way to understand political process. The purpose of the module is to introduce the link between perennially debated concepts. welfare state etc. 1. Concept of State – Definition.. Concept of Sovereignty – Austin’s Theory of Sovereignty 4.

The relationship between Legislature. Role of mass media in shaping public opinion will be dealt with. The concepts like rise of the executive. Executive and Judicatory will be discussed. CONTENT  Public opinion : concept and impact on the state  Media as an instrument of public opinion and its political impact .. Mass Media will be explained as a tool of dissidence and also a tool of consent building to the ruling system will be explained. Further the concept of constitutional government will be discussed. making of public opinion will be brought out. Further distinction between Government and democracy also will be highlighted. nature of the legislature etc. The origin of concept of separation of powers will be presented. Nature and the forms of various governments will be introduced using comparative political analysis. The evolution of the concept of civil society will be explained from the items of social contractualism thought to current day. The relationship between civil society and state will be explained.  Anarchism: Negating State and Resistance to State  Nationalism : Origins and Prospects  Multiculturalism : Evolution of the concept and its future MODULE 4 STUDY OF POLITICAL INSTITUTIONS DESCRIPTION In this chapter the distinction between state and government will be discussed. Executive and Judiciary Forms of Government MODULE 5 PUBLIC OPINION AND CIVIL SOCIETY DESCRIPTION The concept of public opinion and its importance for the ruling systems. Effort of states to mould public opinion and influence of public opinion on the political elite will be explained. will be discussed. The Interaction of state and public opinion will be analyzed. The nature and the context of the governments and relationship between types of the government will be highlighted. State and government Constitutionalism and Constitution Organs of the Government : Legislative.

Wordsworth Cengage 2009 9. Har Anand. Mc Aulay. James. sage 2003 6. An introduction to politics state and Society. N.S. 2004. Audio visual content also will be used to facilitate debates on key issues. Ellen Grisby. S. Classroom discussions will be organized on selected topics. Pearson 2010 7. John. Apart from reading material. A vasthi. Andrew Heywood. Dryzek. Political Theory : An Introduction. 2000 5. Mcmillon 2003 . Comparative political approach will be used to illustrate concepts. Reading material from authentic sources will be provided to the students. New Delhi 2007 10. Political Theory. Arora and S. An Introduction to Political Theory. nature and scope  Civil society political process Teaching Methodology Teaching will be more interactive and discursive in nature. O.et al: Oxford Handbook of Political Theory : 2006 8. Essential Readings 1. 2.D. reference books and journals also will be provided. John Hoffman and Paul graham : Introduction to Political Theory. New York : Palgrave Macmillan. The teacher will use the known to unknown method of teaching. Lymen Tower Sargent : Contemporary Political Ideologies. The students will be taken into theoretical nuances through illustrations. W.P. Political Concepts and Political Theories.  Civil society: concept. Indian examples also will be used in an appropriate manner. Gerald Gauss. Analyzing Political science : an introduction to political science Wadsworth Cengage 2010 4. Andrew Vincent : Modern Political Ideologies : Willy Blackwell 2010 3. Gauba. well acclaimed sources like chapters from – original writings.

Tancy and Nigel Jokson. Stephen. Routledge 2006 13.11. Pearson education. Political Theory and introduction. Politics The Basics. Will Kymlica: Contemporary Political Philosophy an Introduction Oxford 2002 . 2008 12. Rajeev Bhargava and Ashok Acharya (ED). D.

The course curriculum shall be executed to show how the various spheres of this universe can and should intersect. LL. hence a rounded understanding of law and its methods require a familiarity with each of these spheres and the associated method. skills and understanding to negotiate different parts of this legal universe and to thus equip you to think of yourself and embark on your journey as student-citizen. and the process of making law is different in the international and municipal legal systems. Consequently the construction of these institutions or the role allocated to them could alter depending upon the system in which they are situated. The systemic concerns of law influence the relationship between legal institutions as we as the values informing them. For example the common law system perceives the role of a judge differently from a civil law system. PART I Constructing and Deconstructing the Legal Universe (24 class hours) Module I: An ideational understanding of law This module familiarizes you with the various perspectives from which law is theorized even as the institutional or positivist mode of looking at law has assumed on . systemically. TAMIL NADU NATIONAL LAW SCHOOL.B.. When we associate the production of the law with the institutions which make or implement it such as the legislature or the police or the courts we are traversing the legal universe institutionally.A. (HONS. TIRUCHIRAPPALLI I YEAR I SEMESTER B. The modules have been devised accordingly.) DEGREE COURSE PAPER: IV LEGAL METHODS SUBJECT CODE: HAAD The universe of law can be constituted ideationally. Lastly what should be categorized as law? Can the fact that a norm has been given its imprimatur by a designated authority sufficient to categorize it as law or are the norms to fulfill some qualitative criteria of justice to be perceived as law? Are the rules and norms found in books law or are the practices which people follow in fact law? Since none of these ways of constructing the legal universe are exclusive of the other. institutionally and contextually. Objectives of the Course  To familiarize you with the various parts of the legal universe  To appreciate the manner in which different parts intersect and how each part should be navigated with an understanding of the whole  To provide you with the knowledge.

Laws operating in the realm of taxation vary from those operating in the field of welfare. The module also examiners the varied principles which have been put out by judges and jurists to guide the inter se relationship between the institutions.overwhelming importance. Any holistic understanding of law in this globalizing era cannot be restricted to the system of law subsisting in one’s own country but has to extend to all legal systems. A change of context alters the considerations which operate in both the making and the interpretation of laws. Module IV: Contextual Understanding of Law The operation of law does not just after with the socio-political climate it also changes according to the specific legal context. Thus the system of penal norm creation is different from the civil one. Module II: Evolution and Relevance of varied Systems of Law Insofar as law develops in response to wider social and political development. It is not possible to negotiate the content of law in international fora without an understanding of the varied systems subsisting in the world. there are varied systems of law subsisting in different parts of the world. . adjudicating or regulating. In this part we explore the relationship between methods and the materials and understand how the methods studied in the previous part enable us to both create and study legal materials from varied perspectives. Module III: An Institutional Understanding of Law An institutional understanding of law primarily underscores the fact that in every system specific institutions have been designated to perform varied law jobs be they of legislating. Insofar as the positivist lens robs the individual citizen of agency it is important to look at law from varied perspectives and appreciate how these perspectives nuance and layer our understanding of law. enforcing. Such understanding in also required due to the expending reach of international law. This module aims to provide familiarity with those institutions whilst showing by using the example of India how constitution makers exercise choice in adopting a particular design to constitute the legal institutions of a country. This module seeks to acquaint the student with those considerations. Part II Relationship between Methods and Materials The first part of the course acquainted you with the different spheres in the legal universe and how each of these spheres give birth to their own methods and thereby contribute to the learning of law.

States and local governments are at issue. Of significance here also would be the inter se relationship between the legislature and the judiciary in the lawmaking process. Here the conflict between the Centre. whilst on the ideational axis the substance of the legislation would be foregrounded. On the traditional categorization if the court pronounces on an issue which was not in dispute then is the entire judgment obiter dicta. Also what would be the legitimacy of law making in a parliamentary democracy if the operative laws are not being made by Parliament but by the Government? Questions would also need to be raised around the transparency of this manner of law making and the involvement of the people in the lawmaking process. On the institutional axis questions of jurisdiction and the primacy of the legislature would come to the fore. How the doctrine of stare decisis influences the reading of a case is the concern of this module. but by qualitatively evaluating the law that was made from the lens of the varied ideational perspectives discussed in Module 1. It also asks for a lot more critical analysis of the rule in law. The ideational route of reading legislations would require the validity to make it . The practice of the rule may however show that it is the executive and not the legislature which is determining the law in action. If a rule is only observed in the breach then should it be still referred to as the rule? Or would it not be more accurate to accept that the practice is the rule and devise oversight accordingly. How should judicial legislation be read or cases where the court has laid down guidelines .Module V: The enactment enforcement and interpretation of a Legislation This module would look at the activity of lawmaking from an institutional and ideational standpoint. The demands of stability and change being played out by the adoption of the doctrine of stare decisis. This practice brings forth the gap between the law in books and the law in action. Module VII Varied Modes of Reading a Case The common law system studied in Module II highlighted how law could develop through a process of accretion case by case. The institutional plane would point out how a body making law on a specific subject matter is required to possess jurisdiction in the matter. Module VI Relationship between Legislation and Subordinate Legislation The relationship between legislation and subordinate legislation shall be again studied from the standpoint of institutional essentialism whereby the subordinate legislation is to be totally guided by the legislation and any departure from the legislation nullifies the subordinate legislation. The doctrine of stare dicisis makes a distinction between ration decidendi and obiter dicta however how do these distinctions play out in practice.

At the same time whilst laws are subject to judicial review policies are non justiciable. In the circumstances it would be necessary to consider whether it is policy or law which has more determinative influence on public decision making and individual rights. Module VIII: Interplay between Law and Policy In this module the difference between law and policy would be discussed. This is so even when law is a vehicle to enforce policy. How sanctions back the norms of law whereas considerations of policy are supposed to be only persuasive.for parties who are not before it ? What is the status of authoritative statements on non law matters in court judgments? What insights are provided by non positivist reading of judgments? And what is missed when a case is only read in accordance with positivist theory only. .

Prabhu Dayal.. G. Tort and Contract.B. White (1703) 2 Lord Raym 938 II  Municipal Corpration of Agra V. State of Gujarat (1994) 4 SCC 1  State of A. AIR 1958 AP 103 7  Jayalakshmi Salt Works Pvt. UNIT-I NATURE AND FOUNDATION OF LAW OF TORTS Law – Meaning.P. Seetharamayya V.. Ltd. Mahalakshmamma. students are required to study it in the light of judicial pronouncements. Pickles (1895) AC 587  Glouscester Grammer School Case (1410) Y. They are required to equip themselves with the latest developments extending to the entire course. 1325  P. Duties.A.Govardhanlal Pitti (2003) 3 SCALE 107  Ashby V. Tort and Trust – Privity of Contract and Tortious Liability. Injuries. (HONS. John Warrick & Co. Distinction between Crime and Tort. LL. Asharfi Lal. IV of 47 . 11 hen. 202  Mayor of Bradford Corpn. TIRUCHIRAPPALLI I YEAR I SEMESTER B. Meaning and definition of Torts – Salmond and Winfield’s definition on Tort – Right. Objects – Civil and Criminal Law – Sources of Law – Historical Perspective of Law of Torts – Torts Law in England and India. (1953) 2 All ER 1021 1  Town Area Committee V. TAMIL NADU NATIONAL LAW SCHOOL. Nature. AIR 1975 All. V. Damage and damages – Remedy..) DEGREE COURSE PAPER: V LAW OF TORTS SUBJECT CODE: HAAE COURSE OBJECTIVE AND METHODOLOGY Law of Torts is basically a judge made law. V.V.B. Ltd. General Principles of Tortious Liability – Injuria sine damnum – Damnum sine Injuria – Fault as an Essential Condition – No fault liability – Malice in law and Malice in fact – Intentional Torts. AIR 1921 All.  White V.

General Defences:  Volunti non fit injuria.Judicial Officers- Rights of unborn children.Statutory Authority  Smith V.Plaintiff’s own wrong.C.Inevitable Accident. Alamelu Ammal.Motor Vehicle Act. Composite Tort Feasors. Union of India.Public Liability Insurance Act. Fletcher.Toxic Tort.Master and Servant-In the course of employment.Mistake.Necessity.Absolute Liability.Environmental Protection Act. UNIT-II CAPACITY OF PARTIES AND GENERAL DEFENCES Act of State/Crown.Capacity to sue and be sued. AIR 1943 Pat.Feasors .Principal and Agent .Lunatics and Corporations Independent and Joint tort. AIR 1923 Mad. AIR 1968 Ker. Brooklands Auto Racing Club (1932) 1 KB 2015  T. Subramanian. . Madras V.MC Mehta vs.. AIR 1946 Cal. Harwood (1935) 1 K B 146 18  Ramchandraram Nagaram Rice & Oil Mills Ltd. 151 UNIT-III FUNDAMENTAL KINDS OF TORTIOUS LIABILITY Vicarious Liability Qui facit per alieum facit per se.Exceptions to Strict liability. 175 27  Hall V. Charles Baker and Sons (1891) AC 325 (HL) 12  South Indian Industrial Ltd. V. Municipal  Commissioners of Purulia Municipality. Strict Liability Rule in Rylands vs. 565 17  Haynes V. 408 23. Mathuradas Chatturbhuj.Sovereign Immunity. Minors and Married women.Act of God- Private defence. Mahindra Nath Mukherjee V. Balakrishnan V. R.Workmen’s Compensation Act.Independent Contractor-Common Employment. T.

(1965) 1 SCR 375 160  N. Sovereign and Non-Sovereign Functions. Letter (1874) 1 IA 364  State of Rajasthan V. AIR 1996 SC 550 54  Jacob Mathew V.Scienter Rule . 140  M. 1 34  Municipal Corporation of Delhi V.Contributory and Composite Negligence.Foreign Tort. AIR 1987 SC 1086.Malicious Prosecution. AIR 1966 SC 1750 40  Pinnamaneni Narasimha Rao V.Trespass ab initio. Stokes Bros. 145  M.Libel and Slander.Exceptions- Trespass. Electricity Board V. Railway Board V.Cyber Stalking.Novus actus inter venients.Assault and Battery.V. AIR 2002 SC 551. State of U. Nagendra Rao & Co.  Rylands V.P.P. The Zemindar of Carvatenagarum. P.Defamation. V.C. 2 SCR 989 154  Kasturilal Ralia Ram Jain V. 1956. Violation of Fundamental Rights and Sovereign Immunity.Cattle Trespass.Ros ipsa loquitur – Nervous shock.State Liability Basis of Liability – Position in England and India.Cyber Trespass Cyber breach of privacy.Essentials of Negligence.Cyber Tort. Chandrima Das (2002) 2 SCC 465 UNIT. 152  The Madras Railway Co. Subhagwanti.aAimals mansuetae naturae.Deceit and Conspiracy. E-Mail bombing.. AIR 1994 SC 2663 169  Chairman. V. Cyber defamation- Liability for Animals . Obscenity. Mehta V.IV SPECIFIC TORTS Negligence. 110 84 . Shail Kumar. AIR 1990 AP 207 43  Indian Medical Association V. Law Commission of India First Report. (1924) All ER Rep. Gundavarapu Jayaprakasu.Animals ferae naturae. Stevenson (1932) All ER Rep. Nuisance: Private and Public Nuisance . Shantha. Government Liability in Torts – (1) Constitutional Provisions. Fletcher (1868) Letter 3 HL 330. Union of India.False Imprisonment. Economic Tort Passing off Action.P. State of A. State of Punjab (2005) 6 SCC 1  Hambrook V.  Donoghue V. Vidyawathi (1962) Supp.

Law of Torts .Temporary and Permanent Injunctions. Sweet & Maxwell &7th Ed London 1992  W. Phillips (1953) 1 QB 429  In Re An Arbitration between Polemis and Furness. Leech Brain & Co. Exemplary Damages.10th Ed Lexis Nexis Butterworths 2007  P. 2010 . Nominal. Lucknow 1990  R. Lord Advocate (1963) AC 837 130  Smith V. Gandhi – Law of torts. 2004. sweet & Maxwell second India reprint.The Law of Torts . 15th Ed.Extra-Judiciary Remedies and Discharge of Torts. London-1998  Salmond & Hueston on Law of Torts. Chief Constable of the South Yorkshire Police (1991) 4 All ER 907 (HL) 106  Page V.O and H Construction. 1995  David Green.M. (1961) 3 All ER 1159 UNIT-V REMEDIES Damages. 20th ed-1998  Weir.Law of Torts . Smith (1995) 2 All ER 736  Dulieu V. Young (1942) 2 All ER 396 (HL) 89 McLoughlin V.9th ed Eastern Book Company 2009  Ratanlal and Dhirajlal – Law of Torts . Sweet & Maxwell.S. UNIT-VI CONSUMER PROTECTION ACT.Allahabad Law Agency.Measure of Damages.Contemptuous. (1921) All ER Rep. Withy & Co. Roger. 40 124  Overseas Tankship [UK] Ltd.H. 1989 29 EG 65. 1986 Books for Reference:  Winfield & Jolowizz. Cavendish pub. 24th edition Reprint. Sweet & Maxwell. Wadhwa and Co. Morts Dock & Engineering Co. Eastern book co. White (1901) 2 KB 669  King V.K Bhangia – Law of Torts.  B. London and Manchester Assurance V.the Law of Tort.  [The Wagon Mound] (1961) 1 All ER 404 126  Hughes V.  (Hay or) Bourhill V.A Pillai.Case Book on Tort. ‘O’ Brian (1982) 2 All ER 907 (HL) 92  Alcock V. V. Ltd 5th reprint 1993  Ramasamy Iyer.Kinds of Damages.Law of Torts.