TOR101 | Torts I

Course Information

  • 2019-20
  • TOR101
  • 5-Year B.A., LL.B. (Hons.)
  • I
  • Jul 2019
  • Core Course

Tort law is not codified law. It evolves with changes in society and the demands for doing justice to those wronged by actions of others. However, some parts of the law relating to civil wrongs have been made into statutes (enacted/codified law) since the legislature felt the need for it. Thus the law relating to motor accident compensation is now codified under Motor Vehicles Act, 1988 as also for accidents in railways, airways etc., since occasions for injuries to person and property are multiplying faster in modern societies, tort law has to evolve new principles and remedies to compensate losses which accommodating such ‘dangerous’, yet necessary activities. This makes a precise definition of torts or tortuous liability rather difficult. All that one can say is that ‘tort’ involves (a) a breach of duty generally fixed by law; and (b) breach is redressed by way of damages. In this context, what are the torts, how many of them exist, what is the general principle of liability etc., cannot accurately be started as answers depend on whether the defendant can show a duty of care and prove its failure in a given fact situation. These elements of novelty, elasticity and uncertainty make the study of law of torts intellectually challenging and stimulating.

Faculty

O V Nandimath
Dr. O.V. Nandimath

Professor of Law

Prashanth Desai
Dr. Prashanth Desai

Assistant Professor of Law (Ad-Hoc)