SYLLABUS

LAW OF TORTS

SYMBIOSIS LAW SCHOOL

Law of Torts including MV Accident and Consumer Protection Laws II
 Explain the law of private rights and remedies which are not covered by statute
 Display understanding of the operation of this branch of common law and its potential of
expansion which governs actions for damages for injuries to certain kinds of rights, like the
right to personal security, property and reputation.
 Demonstrate application of the principles of Law of Torts in contemporary areas like Human
Rights, Environmental Rights, and Intellectual Property Rights.
 Appraise the differing requirements which lead to civil liability for different torts against
person and property.

PUNE UNIVERSITY
Module 01
Introduction and Principles of Liability in Tort :
Development of tort actions in England and India
Meaning and definition of tort Tort distinguished from contract, quasi-contract and crime
Constituents of tort – wrongful act, damage and remedy
Malfeasance, misfeasance and non-feasance
Strict liability, absolute liability, no-fault liability; exceptions to these
Doctrine of sovereign immunity

Module 02
Liability for the Wrong Committed by Other Person – Vicarious Liability:
Principle of vicarious liability - nature, scope and justification
Joint tort-feasors, joint and several liability

Module 03
General Defences / Justifications in an action for Tort:
Volenti non fit injuria, consent, voluntary assumption of risk, exclusion clauses
Vis major (act of God)
Inevitable accident
Act of third parties
Novus actus interveniens
Plaintiff’s wrong or default
Self-defence and defence of property
Necessity
Statutory authority
Judicial and quasi-judicial acts
Parental and quasi-parental authorities
Illegality
Mistake
Module 04
Torts against Persons :
Assault, Battery, Mayhem
Causing Emotional Distress
Malicious Prosecution and abuse of legal proceedings; False Imprisonment
Deceit and Conspiracy
Particular defences available in each of these types

Module 05
Torts against Reputation :
Defamation : Libel and slander; Freedom of speech and expression
Defamation in the civil and criminal law; different branches of Defamation
Libel, Slander; Cyber Defamation : Defamation in cyber space
Defences to defamation
Invasion of privacy and defences

Module 06
Torts against Property :
Trespass to land
Trespass to personal property
Detention and conversion
Passing off;
Injury to trademark, patent and copyrights
Public and private nuisance
Particular defences available in each of these types

Module 07
Unintentional Torts :
Product Liability and defences
Negligence : Duty to take care and its breach;
Foreseeability, causation Contributory negligence and other defences to negligence;
Occupier’s liability; res ipsa loquitur
Liability of driver and owner under the Motor Vehicles Act 1988 for motor accidents : Liability on
fault basis (negligence), no-fault basis (section 140- 144), structured formula basis (section 163A, 163B
and Schedule), compensation in hit-and-run cases (section 161 and 163); Powers and jurisdiction of a
Motor Accidents Claims Tribunal; Introduction only to the scheme of compulsory insurance under
the Act (sections 2 (30), 145(b), 146 (1) and (2), 147(1)(i) and (2), 149, 151(1), 158(1), 160, 196)

Module 08
Remedies in Tort law :
Judicial remedies :
 Damages: Types : General and special, nominal, contemptuous, aggravated, exemplary;
Compensatory damages: Principles of causation, foreseeability, certainty; assessment and
calculation of damages: principles, personal injuries, death, loss of property, economic and
non-economic losses Injunction: permanent and temporary, qua timet action Replevin
Ejectment
Extra-judicial remedies :
 Self-defence, reentry on land, recapture of goods, abatement, distress damage feasant

Module 09
Consumer Protection Law :
Basic Concepts : Consumer, complaint, complainant, service, goods, defect, deficiency, trader,
consumer dispute, restrictive trade practice, unfair trade practice Authorities under the Act:
Consumer Councils; Redressal agencies and their composition and jurisdiction: substantive, territorial
and pecuniary; Appeals; Additional remedy Remedies available under the COPRA Procedure for
filing a complaint and of the redressal agency, Limitation; Enforcement of orders, vexatious
complaints Origin and development of consumer law; Role of the UN Consumer Protection
Guidelines 1985, 1999, 2006; Critical evaluation of consumer law

MUMBAI UNIVERSITY
Law of Torts (Consumer Protection Act & Motor Vehicle Act)
Module - I (1 Credit) 25 marks
Nature& Concept of Torts,
General Principles of Liability,
General Defenses to an action in Torts.

Module - II (1 Credit) 25 marks

Vicarious liability, Joint Liability,
The Rules of Strict Liability & Absolute liability,
Extinction of Liability

Module - III (1 Credit) 25 marks

The Specific Torts – Torts Affecting the Persons;
Torts Affecting the Immovable & Movable Property;
Nuisance;
Torts Affecting Defamation,
Negligence;
 The Remoteness of Damage; Legal Remedies. Module -VI (1 Credit) 25 marks The Consumer
Protection Act, 1986 - Basic Concepts; Authorities for Consumer Protection; Remedies The
Motor Vehicle Act, 1988 – Basic Concepts; Compensation under the Motor Vehicle Act
 LAW OF CONTRACTS
SYMBIOSIS LAW SCHOOL
Law of Contracts:
 Understand the development of the rules and principles of law of contracts.
 Identify the application of Contractual principles to actual issues and problems.
 Identify and explain appropriate remedies for breach of contractual obligations.
 To analyse the impact of social and commercial issues on the evolution and application of
general principles of contract law.
 Draft contractual clauses efficiently.
 To explain and assess recent developments and current controversies in contract law

Special Contracts
 Understand the legal rules and concepts governing the:
 law of agency,
 bailment,
 indemnity,
 guarantee,
 sales of goods and partnership.
 Analysis and application of the principles of Contract law in commercial relationships of
 agency,
 bailment,
 indemnity,
 guarantee,
 sales of goods and
 partnership.

PUNE UNIVERSITY
Law of Contract - I

Module 01
Introduction to Contract Law:
 The nature of contractual obligations
 Introduction to certain types of contracts and discussion about their parties, parties’ relative
position, terms, remedies : for example: Bank loan, Purchase of goods, Construction or works
contract, Warehousing contract, Guarantee, Sale of vehicle, Engaging cleaning or canteen
services, Hiring a bank locker, Terms of use of online sale platform, Confidentiality
agreement, Agreement for purchase land for a factory, etc.
 Enforcement - Primary purpose of contract law
Module 02
Formation of Contract:
 Agreement and Contract Proposal and Acceptance:
 Proposal - essential elements, forms, invitations for proposals and tenders, communication of
proposal, floating offers, options
 Acceptance - essential elements, forms, the requirement of communication, silence as
acceptance
  Revocation of proposal and acceptance
 E-contracts with reference to provisions of the Information Technology Act, 2000
 Express and implied terms, express and implied contracts
 Standard form contracts - their advantages and vices, and strategies to handle the vices
 Formalities - writing, signatures, attestation, registration, notarisation, stamp duty.
Formalities of a contract with the government - Article 299 of the Constitution of India

Module 03:
Competency of Parties - Sections 10 – 12 of ICA :
 Age of majority under the Indian Majority Act 1875, contracts with minors, effect of
contracting with a minor, the purpose of the law, liability for supply of necessaries: section 68
of ICA
 Soundness of mind for the purpose of making contracts, effect of unsoundness of mind on the
contract
 Legal disqualification – examples: Section 75 of the Patents Act 1970, section 75 of the Indian
Forests Act 1927, section 130 of the Transfer of Property Act 1882
 Competency of prisoners in jail, married women, aliens, insolvents
 Competency of companies, statutory bodies, central and state governments

Module 04
Free Consent - Sections 13 to 22, 64, 65, 67 of ICA :
 Consent and free consent
 Coercion and its effect on the contract : sections 15 and 19 of Indian Contract Act, 1872
 Undue Influence and its effect on the contract, pardanashin women unconscionable bargains :
sections 16 and 19A of Indian Contract Act, 1872
 Misrepresentation and its effect on the contract: sections 18 and 19 of Indian Contract Act,
1872
 Fraud and its effect on the contract: sections 17 and 19 of Indian Contract Act, 1872
 Mistake, mutual and common mistake, unilateral mistake, mistake of law and fact, effect on
the contract: sections 20 - 22 of ICA, section 26 of SRA
 Remedies available to the party whose consent is not free: rescission, restoration. Sections 19,
19A, 67, 64, 65 of ICA. Loss of right of rescission. Sections 25 and 28 of SRA
 Definitions, meaning and importance, essential elements
 Act, forbearance and promise Present, past and future consideration
 Adequacy of consideration and effect of inadequacy
 No consideration, no contract; and exceptions to the rule

Module 06
Void Agreements - Sections 23 – 30 of ICA :
 Unlawful agreements, circumstances in which agreements enforced even if unlawful: sections
23-24, 57 – 58 of ICA, section 2 7 of SRA
 Void agreements: Restraint of marriage, trade and legal proceedings, uncertain agreements,
wagers: sections 26 - 30 of ICA
 Effect of void and of unlawful agreements

Module 07
Contingent Contracts and Quasi-Contracts :
 Contingent contracts and their enforcement - sections 31 – 36 of ICA :
 Definition of contingent contract, contingent and absolute obligations
 Effect of non-happening of event
 Enforcement of contingent contracts Quasi-contracts - sections 68 – 71, 73 (para 3) of ICA :
  Five kinds of quasi-contracts stated in the Act Doctrine of restitution
 Effect of breach of quasi-contractual obligation

Module 08
Performance of Contract :
 Obligation to perform or offer to perform; who must perform, effect of death, personal
contracts, rights and liabilities under a contract: sections 37 - 41 of ICA
 Doctrine of privity, and exceptions to the doctrine Joint rights and liabilities: sections 42-45 of
ICA
 Time of performance, right to terminate if time is of essence: sections 46-50, 55 of ICA
 Liability to pay interest for delay: under contract terms, under the Interest Act 1978
 Place of performance: sections 47-50 of ICA
 Reciprocal promises, effect of non-performance of one of reciprocal promises; unilateral and
bilateral promises: sections 51 - 54 of ICA
 Appropriation of payments: sections 59-61 of ICA

Module 09
Discharge of a Contract :
 By performance; by offer of performance: sections 38 of the ICA
 By non-performance by one party: 54 of ICA
 By breach and rescission: sections 39, 53, 55 of ICA; anticipatory breach: section 39 of ICA
 Doctrine of impossibility and effect : section 56 of ICA
 By agreement: novation, alteration and rescission: section 62 of ICA
 By act of promisee: dispensing, remission and waiver, extension of time, accord and
satisfaction: section 63 of ICA
 Termination or discharge under contract provisions

Module 10
Contract Remedies :
 Remedies under contract law through court or arbitration :
 Compensation (damages) section 73-74 of ICA:
 General and special, substantial and nominal, aggravated and punitive,
 liquidated and unliquidated
 Causation
 Contemplation and Remoteness
 Duty of mitigation
 Assessment
 Claim for the agreed sum: viz. suit for price, return of loan amount
 Claim in quantum meruit

 Remedies of Specific Relief through court or arbitration under SRA :

 Specific performance :
 Cases in which it can and cannot be granted- sections 10 and 14 of SRA
 Personal bars to relief - section 16 of SRA
 Discretionary relief - section 20 of SRA
 Who can claim specific performance - section 15 of SRA
 Against whom can specific performance be claimed - section 19 of SRA
 Claim for compensation and other reliefs in a suit for specific performance - sections
21 – 24, 29 of SRA
 Defences in suits of specific performance - section 9 of SRA
  Rescission of a contract of which specific performance has been decreed - section 28
of SRA
 Injunctions in suits relating to contract:
 Discretionary relief - section 36 of SRA
 Kinds - Temporary and perpetual, prohibitory and mandatory: section 36-37, 39 of
SRA When can injunction be granted? - section 38 (1) and (2) of the SRA
 When will injunction not be granted? - section 41 clauses (a), (b), (e), (g), (i), (j) of SRA
 Injunction to enforce negative covenants - section 42 of SRA
 Claim for compensation in a suit for injunction. - section 40 of SRA:
 Rescission - section 27, 30 of SRA
 Rectification of instruments - section 26 of SRA
 Cancellation of instruments - section 31, 33 of SRA

Module 11
Contractual Freedom, Role of Contract Law, Interpretation of Contracts :
 Role of contract law in general, and applicability of the Indian Contract Act, 1872, Contract
law as default rules
 Remedies without intervention of court or arbitration - Introduction only of self-help
remedies with examples- lien and retention, set-off, invoking bank guarantees, termination
under contract provisions, right of sale without intervention of court
 Laws affecting contracts- laws affecting special contracts, regulatory laws, laws for protection
of disadvantaged party
 Economic aspects of contract law, role and function of contract law in the growth of an
economy and in the legal system
 Introduction to the rules of interpretation of contracts

Law of Contract II
Module 01
Contracts of Indemnity - Sections 124-125 of the Indian Contract Act 1872 :
 Principle of indemnity in general
 Definition of the contract of indemnity
 Formation and essential features
 Purpose of the contract of indemnity, and its use in facilitating and supporting transactions
 Nature and extent of liability of the indemnifier
 Commencement of liability of the indemnifier
 Examples: Indemnity for issuing duplicate share certificate, or bank deposit receipt;
Indemnity by owner of a plot of land to a local authority as condition for grant of
commencement certificate for construction;
 Indemnity clause in a contract between a publisher and the printer;
 Indemnity clause in a sale deed of land supporting assurance of title given by the seller
Distinction between an indemnity, a warranty and a representation

Module 02
Contracts of Guarantee - Sections 126 to 147 of the Indian Contract Act 1872 :
 Definition of a contract of guarantee
 Formation and essentials features of a contract of guarantee.
 Parties to the contract; effect of minority of principal debtor
 Contract of guarantee as distinguished from a contract of indemnity
 Consideration for a contract of guarantee
 Continuing guarantee, and its revocation
 Nature and extent of surety's liability. Its commencement, duration and termination
  Surety’s rights against the principal debtor
 Surety’s rights against the creditor
 Special position of a surety: a privileged debtor
 Circumstances that discharge a surety. Contracting out of such discharge.
 Letters of credit and bank guarantees
 Co-surety and manner of sharing liabilities and rights

Module 03
Contracts of Bailment - Sections 71, 148-171, 180-181 of the Indian Contract Act 1872 :
 Definition of a contract of bailment
 Formation and essential features of a contract of bailment. Parties to the contract
 Creation of a contract of bailment. Obligations of bailment despite contract
 Gratuitous bailments
 Examples of contracts of bailment: for benefit of bailor, for benefit of bailee
 Kinds of bailees
 Rights, duties, disabilities and liabilities:
 of a bailor
 of a bailee vis-à-vis the bailor
 of a bailee vis-à-vis the third parties, and the true owner
 Termination of bailment, and consequences of termination
 Finder of goods as a bailee

Module 04
Contracts of Pledge - Sections 172 – 179 of the Indian Contract Act 1872 :
 Definition of a contract of pledge
 Essential features of a contract of pledge. Parties to the contract
 Creation of a contract of pledge
 Distinction between contracts of pledge, bailment, hypothecation
 Rights, liabilities, duties and disabilities of the pawnor
 Rights, liabilities, duties and disabilities of the pawnee; pawnee's right of sale
 Pledge by certain specified persons : sections 178, 178A, 179 of ICA.

Module 05
Contracts of Agency : sections 182 – 238 of the Indian Contract Act 1872 :
 Definition of a contract of agency
 Essential features of a contract of agency. Parties involved. Kinds of agents and agencies
 Creation of agency
 Distinction between agent, servant or employee, and independent contractor Agent’s
authority. Scope and extent. Express, implied, apparent or ostensible authority, and authority
in an emergency. Restrictions or limitations on authority
 Delegation of authority. Relationship between a principal, agent and subagent. Substituted
agents.
 Ratification
 Rights, duties, immunities, disabilities and liabilities of an agent towards the principal and
third party
 Rights, duties, immunities, disabilities and liabilities of a principal towards the agent and the
third party
 Personal liability of an agent
 Pretended agent. Undisclosed principal
 Revocation and other modes of termination of agency. Irrevocable agency Effect of
termination. Liability of the principal and agent before and after termination
Module 06
Contracts of Sale of Goods - The Sale of Goods Act 1930 :
 Definition of a contract of sale of goods
 Essential features of a contract of sale.
 Parties to the contract Sale as a transfer of property.
 Sale and agreement to sell
 Four elements: price, delivery, risk and property (ownership)
 Goods – Meaning, Existing and future goods, Specific, ascertained, unascertained goods,
Effect of perishing of goods
 Implied conditions and warranties. Express conditions and warranties
 The rule ‘cavaet emptor’ . Principle, meaning, and exceptions to the rule
 Other implied terms
 Transfer of title. Transfer by non-owners
 Passing of risk
 Delivery of goods. Various modes of delivery and their effect. Inspection of goods. Rejecting
goods
 Rights and liabilities of the buyer and seller. Unpaid seller and his rights.
 Remedies for price and for breach. Interest and taxes
 Auction sales
 An introduction to
 CISG : the United Nations Convention on Contracts for the. International
 Sale of Goods
 INCOTERMS

Module 07
Contracts of Partnership – The Indian Partnership Act 1932 and The Limited Liability Partnership
Act 2008 :
 Definition of a contract of partnership
 Essential features of a contract of partnership, the firm and the partners,
 Parties to the contract, Minor as partner
 Kinds of partnership
 Relations of partners with one another: their rights, liabilities, duties, immunities and
disabilities
 Property of the firm, Firm name
 Relations of partners to third parties, Partner as agent of firm, Partners’ authority, Implied
authority, Mode of exercising authority, Liability of the firm for acts of partners
 Change in constitution of a firm. Admission, retirement, expulsion, death and insolvency of
any partner. Public notice. Effect of change in constitution of the firm
 Dissolution of a firm, Modes of dissolution, Effect of dissolution, Agreements in restraint of
trade
 Registration of firms, Procedure of registration, Effect of non-registration, Limited Liability
Partnership: Essential features, Distinction between LLP and ordinary partnership

Module 08
Negotiable Instruments – The Negotiable Instruments Act 1881 :
 A negotiable instrument, types, definitions
 Essential features of negotiable instruments, and each type of instrument.
 Instruments payable to order or to bearer; payable at specified time or on demand
 Maturity of an instrument
 Parties to negotiable instruments. Their rights and liabilities
  Negotiation – Meaning – Requirements - Types of endorsements - Modes of negotiation -
Who can negotiate? - Effect of negotiation by various modes - Negotiation in particular cases
(sections 57-59) - Period of negotiation (section 60)
 Presentment, Purposes of presentment, Time for presentment, Place of presentment,
Presented to whom? Effective presentment, Delay in presentment, When is presentment not
necessary? Liability of banker for negligent dealing
 Payment and Interest, Delivery of instrument, Immunity to bankers
 Discharge from liability on negotiable instruments, Modes of discharge
 Dishonour, Modes of dishonor, Notice of dishonor, Noting and protest
 Acceptance and payment for honour and reference in case of need
 Compensation
 Rules of evidence, Presumptions and estoppel
 Crossed cheques
 Bills in sets
 Penalties in case of dishonor, Criminal liability, Procedure

MUMBAI UNIVERSITY
Law of Contract & Specific Relief Act
Module- I (1 Credit) 25 marks
 Definition of Contract,
 Agreement,
 Offer,
 Acceptance and Consideration (Section-2),
 Communication and Revocation of Offer and Acceptance (Section 3-9), Essentials of Contract
(Section 10),
 Competency to Contract Section (11-12)

Module-II (1 Credit) 25 marks

 Free Consent, Consent by Coercion, Undue Influence, Fraud, misrepresentation and mistake
(Section 14- 22),
 Legality of Object and consideration (Section 23-24),
 Void Agreements (Section 25-30),
 Contingent Contracts (Section 31-36)

Module-III (1 Credit) 25 marks

 Contract which must be performed (Section 37-39),
 By whom contract must be performed (Section 40-45),
 Time and Place for performance of Contract (Section 46-50),
 Performance of Reciprocal Promises (Section 51-55),
 Discharge of contract (Section 56-57),
 Certain Relations resembling to those created by Contract (Section 68 – 72)

Module- IV (1 Credit) 25marks

 Breach of Contract (Section 73-75),
 Specific Performance of Contract under Specific Relief Act1963 (Section 1-14),
 Persons for/ against whom contracts may be specifically enforced Section 15-19,
 Powers of the court (Section 20-24),
 Rectification and cancellation of Instruments (Section 26 -33),
 Injunctions (Section 36 – 42 )
Special Contract
Module-1 (1 CREDIT) 25 marks
 Indemnity, Guarantee, Bailment, Pledge

Module-II (1 CREDIT) 25 marks

 Law Relating to Agency

Module-III (1 CREDIT) 25 marks

 Sale of Goods Act, 1930-
 Definitions,
 Formation of Contract of Sale,
 Effects Of The Contract
 Transfer Of Property As Between Seller And Buyer,
 Performance of Contract,
 Right of Unpaid Seller,
 Suits for Breach of Contract

Module-VI (1 CREDIT) 25 marks

 Indian Partnership Act, 1932-
 Definitions,
 Nature,
 Relation of Partners Inter Se,
 Relation of Partners to Third Parties,
 Incoming & Outgoing Partners,
 Dissolution of Firm,
 Registration of Firm