The Law of Torts and the Consumer Protection Act, 2019

A tort is a civil wrong—other than a breach of contract—that causes physical, emotional, or financial harm to another person, making the wrongdoer legally liable to pay damages.

• Civil vs. Criminal: Unlike a crime (which is prosecuted by the state to punish an offender), a tort is handled in a civil court where the injured party sues directly for financial compensation.
• Origin of the Word: The term comes from the Latin word tortus (meaning “twisted” or “crooked”) and the Old French word tort (meaning “wrong”).
• The Tortfeasor: The person who commits the wrongful act is called a tortfeasor.

---

Main Categories of Torts

1. Negligence: Occurs when someone fails to exercise proper care, resulting in accidental injury (e.g., a slip-and-fall accident on a wet store floor or a car crash caused by reckless driving).
2. Intentional Torts: Occurs when a person acts with the purpose of causing harm or knowing harm is substantially certain to result (e.g., assault, battery, false imprisonment, or defamation like libel and slander).
3. Strict Liability: Applies when someone is held legally responsible for the damage or injury their actions or products caused, regardless of whether they were being careless or intentional (e.g., product liability cases involving dangerous or defective manufactured items, or keeping a wild animal).

Syllabus

Figures to right indicate number of lectures.

Nature and concept of Torts.

1. General principles of liability (5)
2. General defences to an action in Torts (5)

The specific Torts

1. Torts affecting persons (5)
2. Torts affecting the immovable and movable property (5)

The Consumer Protection Act 2019

1. Terminologies in the Consumer Protection Act (3)
2. Consumer Disputes Redressal Mechanism for Consumer Protection and Remedies. (3)
3. Consumer case laws (4)

References

1. https://www.amazon.in/Law-Torts-Ratanlal-Dhirajlal-Professionals/dp/B0HKG7PL9B/