Tort law in India is largely judge-made (uncodified), supplemented by statute for consumer protection. These notes cover the core doctrines examined in LL.B. courses.
General Defences to Tort
Volenti non fit injuria (consent), necessity, plaintiff’s own default (contributory negligence), act of God (vis major), inevitable accident, private defence, and statutory authority are the recognised general defences.
Negligence
Negligence requires: a duty of care owed by the defendant to the plaintiff, breach of that duty (judged by the “reasonable man” standard), and damage caused by the breach that is not too remote. Donoghue v. Stevenson (1932) established the modern “neighbour principle” of duty of care, widely followed in Indian tort reasoning.
Strict and Absolute Liability
Rylands v. Fletcher (1868) established strict liability for the escape of a dangerous thing brought onto land for non-natural use, subject to exceptions (act of God, plaintiff’s default, consent). The Supreme Court in M.C. Mehta v. Union of India (1987, the Oleum Gas Leak case) went further, holding that enterprises engaged in hazardous activity owe an “absolute” liability with no exceptions, applicable to industries handling hazardous substances in India.
Defamation
Libel (written/permanent) and slander (spoken/transient) both exist as civil wrongs in India (unlike some common law jurisdictions that have abolished the distinction); defences include truth (justification), fair comment, and privilege (absolute and qualified).
Consumer Protection Act, 2019
The Consumer Protection Act, 2019 (replacing the 1986 Act) created a three-tier redressal system: District Commission (claims up to Rs 50 lakh under the amended pecuniary jurisdiction), State Commission, and National Commission, plus Consumer Mediation Cells and the Central Consumer Protection Authority (CCPA) to curb unfair trade practices and misleading advertisements. The Act also covers e-commerce transactions and product liability (Sections 82-87) for the first time.
Key exam questions to prepare
- Essentials of negligence as a tort, with case law.
- Distinguish strict liability (Rylands v. Fletcher) from absolute liability (M.C. Mehta).
- Structure of consumer redressal under the Consumer Protection Act, 2019.
More: all LL.B. subject notes
Useful books for this topic
- Bare acts of the new criminal laws (BNS, BNSS, BSA)
- Code of Civil Procedure bare act
- Legal drafting and conveyancing books
- Constitution of India (coat pocket edition)
As an Amazon Associate, Lexfolio earns from qualifying purchases. Prices and availability are shown on Amazon.
Learn this properly, with a certificate. Legal methods, reading bare acts and judgments, case briefs and the first-year subjects. Law School Starter: Certificate Course for Law Aspirants and First-Year Students, ₹349: self-paced lessons, module quizzes and a final test; pass at 60% for a verifiable Lexfolio certificate.
Want the complete picture? Everyday Law for Every Indian, ₹349 covers all areas of daily life. See all Lexfolio certificate courses
Leave a Reply