UGC NET LAW (058) · UNIT 05
UGC NET Law (058) Law of Torts and Consumer Protection: Detailed Study Notes
Unit V combines English and Indian case law in torts with three statutes: the Consumer Protection Act, the Motor Vehicles Act and the Competition Act. Topic 0 explains the exam pattern and the repealed-1986-Act trap. Topics 1 to 3 cover the nature of tort, general principles and defences; Topic 4 covers negligence, nuisance, trespass and defamation; Topics 5 to 7 cover remoteness, strict and absolute liability and State liability; Topics 8 to 10 cover the three statutes, and Topic 11 is a rapid revision sheet of case anchors, numbers and concept traps.
- 5modules
- 12topics
- 114sub-topics
- 85 minto read once
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How to use these notes
- Round 1: ReadStart with Topic 0, then read Topics 1 to 10 in order. Learn each case with its principle in one line; Topic 4 is the longest, so take Negligence, Nuisance, Trespass and Defamation one at a time.
- Round 2: ReviseSwitch on Revision mode on any topic page to keep each section's key terms, lists and tables. For the statutes (Topics 8 to 10) learn the amounts, periods and the latest amendments.
- Last week: RecallUse the rapid-recall sheet (numbers and periods, concept traps), then Topic 11 and practice MCQs.
Full syllabus map
Every topic and sub-topic in this chapter, in study order.
Module 1Start Here, Nature, Principles and Defences
Exam pattern, what a tort is, the general conditions of liability and the general defences.
1Nature and Definition of Tort
Sub-topics
- 1.1 Meaning and origin
- 1.2 Key definitions (frequently matched with authors)
- 1.3 Essential elements of a tort
- 1.4 Foundational maxims
- 1.5 Mental element: intention, motive, malice
- 1.6 Theories of liability: pigeon-hole vs general principle
- 1.7 Tort distinguished from other concepts
- 1.8 Remedies in tort
- 1.9 Discharge and survival of tort liability
- 1.10 Exam focus for Topic 1
2General Principles of Tortious Liability
Sub-topics
3General Defences in Tort
Sub-topics
- 3.1 Volenti non fit injuria (consent)
- 3.2 Necessity
- 3.3 Private defence (self-defence)
- 3.4 Act of God (*vis major*)
- 3.5 Inevitable accident
- 3.6 Mistake
- 3.7 Statutory authority
- 3.8 Plaintiff's default and contributory negligence
- 3.9 Judicial and executive acts
- 3.10 Parental and quasi-parental authority
- 3.11 Exam focus for Topic 3
Module 2Specific Torts and Remoteness
Negligence, nuisance, trespass and defamation, then how far a wrongdoer is liable for consequences.
4Specific Torts: Negligence, Nuisance, Trespass and Defamation
Sub-topics
- 4.1 Negligence: Definition and nature
- 4.2 Negligence: Essential ingredients (three)
- 4.3 Negligence: Duty of care: development of the test
- 4.4 Negligence: Standard of care
- 4.5 Negligence: Breach and *res ipsa loquitur*
- 4.6 Negligence: Medical negligence in India (high-yield)
- 4.7 Negligence: Damage, causation and remoteness (summary; details in Topic 5)
- 4.8 Negligence: Nervous shock (psychiatric injury)
- 4.9 Negligence: Pure economic loss and omissions
- 4.10 Negligence: Defences
- 4.11 Nuisance: Definition and kinds
- 4.12 Nuisance: Private nuisance: elements
- 4.13 Nuisance: Public nuisance
- 4.14 Nuisance: Public vs private nuisance
- 4.15 Nuisance: Defences and non-defences
- 4.16 Nuisance: Remedies and leading cases
- 4.17 Trespass: Trespass to the person
- 4.18 Trespass: Trespass to land
- 4.19 Trespass: Trespass to goods and conversion
- 4.20 Defamation: Definition and nature
- 4.21 Defamation: Libel and slander
- 4.22 Defamation: Essential elements
- 4.23 Defamation: Defences
- 4.24 Defamation: Defamation and the Constitution (recent trend)
- 4.25 Defamation: Remedies and limitation
- 4.26 Exam focus for Topic 4
5Remoteness of Damages
Sub-topics
- 5.1 The problem
- 5.2 Test 1: Directness test – *Re Polemis* (1921)
- 5.3 Test 2: Reasonable foreseeability – *Wagon Mound (No. 1)* (1961)
- 5.4 5.3A *Wagon Mound (No. 2)* (1967)
- 5.4 Refinements and the "thin skull" rule
- 5.5 Novus actus interveniens (intervening cause)
- 5.6 Causation in fact: the tests
- 5.7 Remoteness in other branches
- 5.8 Indian position
- 5.9 Exam focus for Topic 5
Module 3Strict Liability and Liability of the State
Rylands v Fletcher and absolute liability, and the State's tortious liability including constitutional torts.
6Strict and Absolute Liability
Sub-topics
- 6.1 Concept
- 6.2 *Rylands v Fletcher* (1868)
- 6.3 Essential ingredients
- 6.4 Exceptions to the rule
- 6.5 Developments in England
- 6.6 Indian development: from *Rylands* to absolute liability
- 6.7 Strict vs absolute liability
- 6.8 Other forms of strict or no-fault liability (for completeness)
- 6.9 Exam focus for Topic 6
7Tortious Liability of the State
Sub-topics
- 7.1 Background: the English rule and the Indian Constitution
- 7.2 Sovereign vs non-sovereign functions (the pre-constitution cases)
- 7.3 After the Constitution: the Supreme Court cases
- 7.4 Constitutional torts and public-law compensation (Article 21)
- 7.5 Procedural aspects
- 7.6 Law reform
- 7.7 Current position (summary for answers)
- 7.8 Exam focus for Topic 7
Module 4Consumer, Motor Vehicles and Competition Statutes
The Consumer Protection Act 2019, the Motor Vehicles Act 1988 and the Competition Act 2002.
8Consumer Protection Act
Sub-topics
- 8.1 Critical note on the syllabus
- 8.2 Background and objectives
- 8.3 Key definitions under the CPA 1986 (Section 2)
- 8.4 Consumer rights (Section 6, CPA 1986; Section 2(9), CPA 2019)
- 8.5 Redressal machinery under the CPA 1986
- 8.6 Consumer Protection Act 2019: key changes (highest-yield part)
- 8.7 Recent regulatory developments (trend)
- 8.8 Leading cases
- 8.9 Exam focus for Topic 8
9Motor Vehicles Act, 1988
Sub-topics
10Competition Act, 2002
Sub-topics
- 10.1 Background and objectives
- 10.2 Institutional framework
- 10.3 Anti-competitive agreements (Section 3)
- 10.4 Abuse of dominant position (Section 4)
- 10.5 Combinations (Sections 5 and 6)
- 10.6 Penalties and enforcement
- 10.7 The Competition (Amendment) Act 2023: summary (very high yield)
- 10.8 Exam focus for Topic 10
Module 5Rapid Revision
One-line case anchors, numbers and periods, concept traps and exam-hall strategy.
Keep going
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