NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE TORTS I

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE ... 1876 1877 Act of God as a defence Difference with inevitable accident; difference between...

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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