NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12 TORTS I – PROJECT TOPICS
Sl. No.
ID No
Project Topic
Comments Basically to explain the issue of mental element and
1.
1862
1863
‘Intention’ and tort liability
then compare how relavent it is in civil and criminal liability (including tortious liability) Debate between authorities to be brought out to justify
2.
1864
1865
‘Law of Tort’ or ‘Law of Torts’?
the stand the researchers would take Need to explain ‘legal right’ and violation thereof –
3.
1866
1867
Analysis of the term ‘wrongful act’ as a constituent of a tort claim
authorities like Austin and Salmond on Jurisprudence may be referred Concept of damage as an ingredient of a tort claim; concepts of injuria
sine damno and damnum sine
injuria – researchers are expected to explain the 4.
1868
1869
Damage as a constituent of Tort Law
relevant concepts along with case law illustration This topic may be divided into two separate topics for two different papers, viz., injuria
sine damno and
damnum sine injuria, should the scope be felt to be too broad Concepts 5.
1870
1871
Mental Elements – essentiality in Tort
of
malice,
intention,
negligence
and
recklessness – explained and distinguished with help of illustration – can be found in Ratanlal and Dhirajlal, and Harry Street on Torts
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12 TORTS I – PROJECT TOPICS Malfeasance, Misfeasance and Nonfeasance in Tort Case law development in India can be looked at, if possible, to illustrate distinctions further Law
6.
1872
1873
7.
1874
1875
Suits against Corporations
Emphasis on case law development in UK and India
8.
1876
1877
Act of God as a defence
Difference with inevitable accident; difference between Force Majeure and Vis Major; look at Continental law approach, if possible
9.
1878
1879
Analysis of the ‘eggshell skull’ theory
10.
1880
1881
Novus actus interviens Case law jurisprudence on the concept of
11.
1882
1883
12.
1884
1885
Public Law Wrongs
13.
1886
1887
Volenti Non Fit Injuria as a justification
14.
1888
1889
Necessity as a defence under Tort law
15.
1890
1891
16.
1892
1893
Sovereign Immunity in India
Intervening acts or events as a plea contending remoteness Discussion on Peninsular & Oriental Ship, Kasturilal Ralia Ram, State of Rajasthan v. Vidyawati, and other landmark cases; tracing whether there has been any recent development An analysis of landmark SC decisions (Nilabati Behara, DK Basu, Rudul Shah, Bhim Singh v. State of J&K, Chandrima Das (This last case said cases under A. 226 awarding compensation are in the realm of tort, hence) etc. Concentration to be on both UK and Indian cases Private v. Public necessity- case law in India; discussion of maxim Salus populi suprema lex while discussing public necessity
Accord and Satisfaction resulting in discharge of tort claim Whittling down of ‘control test’ in relation to
Explaining the
determining Master-servant relationship
developments too
concept;
concentration
on
later
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12 TORTS I – PROJECT TOPICS
17.
1894
1895
An analysis of the constituents of false imprisonment
•
Total restraint must be necessary
•
Detention must be unlawful
Cases like Bird v. Jones, Merring v. Graham White Aviation, Herring v. Boyle, and others – also to look at case law development in India, if any
18.
1896
1897
Newspaper Libel
19.
1898
1899
‘Innuendo’ – meaning and scope of
20.
1900
1901
Truth as a defence to an action of defamation
21.
1902
1903
Privilege as a defence to a defamation suit
22.
1904
1905
Malicious Prosecution
23.
1906
1907
The tort of Malicious Falsehood
Case law in India – are there landmark SC decisions? Case law development in UK - Have UK decisions impacted Indian courts?
Student needs to narrow down the scope Emphasis on how the student can achieve brevity in describing the scope Case law approach Discussion of Quinn v. Leatham, Mogul Steamship
24.
1908
1909
The tort of Conspiracy
Co., Rohtas Industries etc., and looking at further development Emphasis of development of case law jurisprudence in
25.
1910
1911
Assault and Battery – concept and distinction
India Refer R&D and P.S.A. Pillai
26.
1912
1913
27.
1914
1915
Damages for Nervous Shock The tort of Intimidation as expressed in Rooks v. Barnard (1964) 1 All ER 367
Case law development in India
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12 TORTS I – PROJECT TOPICS 28.
1916
1917
29.
1918
1919
30.
1920
1921
Tort of Detention R. Rajagopal v. State of Tamil Nadu, AIR 1995 SC
Further development of the tort in Collector,
264 – right to privacy explained
Hyderabad v. Canara Bank, AIR 2005 SC 186
Tort of continuing trespass
To look at case law jurisprudence in India Every
31.
1922
1923
Tort of Dispossession
case
of
trespass
does
not
amount
to
dispossession; Indian cases to be found where trespass has been held not amounting to dispossession Difference between conversion and trespass; elements
32.
1924
1925
Tort of Conversion of goods
of the tort; case law development etc. – topic may be narrowed down
33.
1926
1927
Test of Foreseeability and Proximity with respect
As laid down in Donoghue v. Stevension and other
to the tort of negligence
cases; subsequent development Dealt with ‘just and reasonable’ as a development from
34.
1928
1929
Caparo Industries v. Dickson, (1990) 1 All ER 568
test of foreseeability; what has been case law
– an appraisal
development in India is a common question for both topics 33 and 34
35.
1930
1931
Contributory Negligence
36.
1932
1933
37.
1934
1935
Exceptions to the rule in Rylands v. Fletcher
38.
1936
1937
Occupier’s Liability and Duty laid on him
Principle of Res Ipsa Loquitor with respect to the
Emphasis on what is the burden on the plaintiff, how
tort of negligence
much should he establish to contend prima facie case? Broad topic – R&D on Torts lists 5 exceptions – special emphasis on case law in India Discussion of relevant case law
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE I Year I Trimester B.A., LL.B (Hons.) Degree Programme – 2011-12 TORTS I – PROJECT TOPICS Concept of Absolute Liability as laid down in M.C. Brief background to the case, Bhopal Gas Tragedy,
39.
1938
1939
40.
1940
1941
Constituents of the tort of Nuisance
41.
1942
1943
Economic Torts – An introduction
42.
1944
1945
Cyber Torts – An Introduction
43.
1946
1947
Award of Damages – Approach of Indian Courts
Mehta v. Union of India – AIR 1987 SC 1086
Oleum Gas leak, subsequent development What are the elements involved which need to be proved?
Additional Topic
1. Tort Law and Statutes – Understanding the interface
________________________________ (NANDIMATH OMPRAKASH V) Course Teacher
