AIBE 19 Law of Tort 2024: Syllabus, Topics, Important Cases, Preparation Tips

The Bar Council of India has released the detailed AIBE 19 syllabus through its official website. The AIBE 19 syllabus is comprehensive and there are a total of 19 subjects in the All India Bar Examination. One of the very important subjects in the AIBE syllabus is Law of Tort. The Law of Tort subject of AIBE 19 also comprises Motor Vehicle Act and Consumer Protection Law. The AIBE 19 Law of Tort will consist of 5 questions out of the total 100 questions. Law of Tort holds 5% weightage in the AIBE 19 exam. Read the complete article to get detailed information about AIBE 19 Law of Tort syllabus, topics, sub-topics, notes, preparation tips, important governing bodies and more.

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AIBE 19 Law of Tort Syllabus 2024

PART A: LAW OF TORTS

Topic 1: Introduction: Definition, Nature and Scope

(a) Origin and Development of Law of Torts in England – Forms of action; specific remedies from case to case.

(b) Evolution of Law of Torts in India- uncodified and judge-made; advantages and disadvantages.

(c) Meaning and function of Law of Torts- Prescribing standards of human conduct, redressal of wrongs by payment of compensation, injunction.

(d) Definition of tort

(e) Constituents of tort – wrongful act, legal damage and remedy – injuria sine damno

and damnum sine injuria ;ubi jus ibi remedium

(f) Tort vis-a-vis other wrongs e.g. crime, breach of contract, etc.

(g) Relevance of intention, motive and malice in Law of Torts

Important Cases

1. White v. John Warrick & Co., Ltd., (1953) 2 All ER 1021

2. Town Area Committee v. Prabhu Dayal, AIR 1975 All. 132

3. P. Seetharamayya v. G. Mahalakshmamma, AIR 1958 AP 103

4. Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum & ors.

1997 (9) SCC 552

5. Ashby v. White (1703) 2 Lord Raym 938

6. Municipal Corpn. of Agra v. Asharfi Lal, AIR 1921 All. 202

7. Mayor of Bradford Corpn. v. Pickles (1895) AC 587

8. Gloucester Grammar School case (1410) Y.B. 11 hen. IV of 47

Topic 2: Defences against Tortious Liability

(a) Consent as defence – volenti non fit injuria – Essentials for the application of the defence;

Exceptions to the defence – Rescue cases and Unfair Contract Terms Act, 1977 (U K)

(b) Statutory authority

(c) Act of God/vis major

Important Cases

Smith v. Charles Baker and Sons (1891) AC 325 (HL)

South Indian Industrial Ltd., Madras v. Alamelu Ammal, AIR 1923 Mad. 565

1. Haynes v. Harwood (1935) 1 K B 146

2. Ramchandraram Nagaram Rice & Oil Mills Ltd. v. Municipal Commissioners of Purulia Municipality, AIR 1943 Pat. 408

3. Manindra Nath Mukherjee v. Mathuradas Chatturbhuj,

4. AIR 1946 Cal. 175

5. Hall v. Brooklands Auto Racing Club (1932) 1 KB 205

6. T.C. Balakrishnan v. T.R. Subramanian, AIR 1968 Ker. 151

Topic 3: Negligence – Liability at Common Law and Statutory Law

(a) Theories of Negligence

(b) Meaning and Definition

(c) Essential Ingredients – duty to take care, breach of duty, consequent damage

(d) Proof of Negligence- Res ipsa loquitor

(e) Manufacturer’s Negligence

(f) Medical Negligence

Important Cases

1. Donoghue v. Stevenson (1932) All ER Rep. 1

2. Municipal Corporation of Delhi v. Subhagwanti, AIR 1966 SC 1750

3. Pinnamaneni Narasimha Rao v. Gundavarapu Jayaprakash, AIR 1990 AP 207

4. Jacob Mathew v. State of Punjab (2005) 6 SCC 1

5. Malay Kumar Ganguly v. Sukumar Mukherjee AIR 2010 SC 1162

6. Khenyei v. New India Assurance Co. Ltd. – (2005) 9 SCC 273

Topic 4: Nervous Shock

(a) Meaning

(b) Impact theory- From personal injury, from property damage

(c) Foreseeability of psychiatric illness

(d) Immediate aftermath test

(e) Primary victims, secondary victims

Important Cases

1. Hambrook v. Stokes Bros. (1924) All ER Rep. 110

2. (Hay or) Bourhill v. Young (1942) 2 All ER 396 (HL)

3. McLoughlin v. O’Brian (1982) 2 All ER 907 (HL)

4. Alcock v. Chief Constable of the South Yorkshire Police(1991) 4 All ER 907 (HL)

5. Page v. Smith (1995) 2 All ER 736

6. Dulieu v. White (1901) 2 KB 669

7. King v. Phillips (1953) 1 QB 429

Topic 5: Remoteness of Damage

(a) Causation- But for test, concurrent causes, consecutive causes, proof of causation

(b) Novus actus interveniens

(c) Tests of Remoteness of Damage- Natural and proximate consequence, directness and foreseeability

(d) Eggshell Skull Rule

Important Cases

1. In Re An Arbitration between Polemis and Furness, Withy & Co. (1921) All ER Rep. 40

2. Overseas Tankship [UK] Ltd. v. Morts Dock & Engineering Co. [The Wagon Mound] (1961) 1 All ER 404

3. Hughes v. Lord Advocate (1963) AC 837

4. Smith v. Leech Brain & Co. (1961) 3 All ER 1159

Topic 6 : No Fault Liability– Strict and Absolute Liability

(a) Meaning and rationale of no fault liability

(b) Rule of Strict Liability- Rule in Rylands v. Fletcher- origin, scope and exceptions, application of the Rule in India

(c) Rule of Absolute Liability in M.C. Mehta v. Union of India

(d) Bhopal Gas Leak Disaster case

(e) No fault liability under the Public Liability Insurance Act, 1991

(f) No fault liability in hit and run cases under the Motor Vehicles Act, 1988

Important Cases

1. Rylands v. Fletcher (1868) LR 3 HL 330.

2. M. C. Mehta v. Union of India, AIR 1987 SC 1086.

3. M. P. Electricity Board v. Shail Kumar, AIR 2002 SC 551.

4. The Madras Railway Co. v. The Zemindar of Carvatenagarum, LR (1874) 1 IA 364

Topic 7: Vicarious Liability of the State

(a) Meaning and basis of vicarious liability- Position in England and India

(b) Government Liability in Torts – (1) Constitutional Provisions; (2) Sovereign and non- sovereign functions

(c) Law Commission of India, “First Report on the Liability of the State in Tort” (May, 1956)

(d) Violation of Fundamental Rights and sovereign immunity, Concept of Constitutional torts

Important Cases

1. State of Rajasthan v. Vidhyawati (1962) Supp. 2 SCR 989

2. Kasturilal Ralia Ram Jain v. State of U. P. (1965) 1 SCR 375

3. N. Nagendra Rao & Co. v. State of A. P., AIR 1994 SC 2663

4. Chairman, Railway Board v. Chandrima Das (2002) 2 SCC 465

Topic 8: Defamation

(a) Meaning- Libel and slander

(b) Essential Conditions

(c) Defences- Justification by truth, fair and bonafide comments, privilege (absolute and qualified), consent and apology

Important Cases

1. Prof. Imtiaz Ahmad v. Durdana Zamir (2009) 109 DRJ 357

2. Tushar Kanti Ghosh v. Bina Bhowmick (1953) 57 CWN 378

3. Rustom K. Karanjia v. K. M. D. Thackersey, AIR 1970 Bom. 424

4. Melepurath Sankunni Ezhuthassan v. Thekittil Geopalankutty Nair (1986) 1 SCC 118

Part B: Consumer Protection Laws

(a) Evolution of Consumer Protection Movement, Aim and objectives of the Consumer Protection Act, 1986

(b) The objectives and reasons for enactment of the Consumer Protection Act, 2019

(c) New dimensions of the CPA, 2019 as compared to the CPA, 1986:

1. Definitions of consumer, service, defect, deficiency, complaint, complainant, goods, manufacturer, misleading advertisement, restrictive trade practice, unfair contract, unfair trade practice

2. Three-tier Consumer Dispute Redressal Mechanism and enhancement of pecuniary jurisdiction. Provisions in the CPA, 2019

3. Establishment of Consumer Protection Councils

4. Establishment of Central Consumer Protection Authority (CCPA)

5. The inclusion of e-commerce transactions

6. Specific recognition of six rights of consumers

7. Introduction of the concept of product liability

8. Stringent penalties for misleading advertisements

9. Introduction of mediation as an Alternate Dispute Resolution mechanism

10. Remedies for unfair contracts

11. Expansion of the definition of Unfair Trade Practices

Important cases

1. Faqir Chand Gulati v. Uppal Agencies Private Ltd. (2008) 10 SCC 345

2. Indian Medical Association v. V. P. Shantha, AIR 1996 SC 550
   Medicos Legal Action Group v. Union of India, 2021 SCC Online Bom 3696

3. Laxmi Engineering Works v. P.S.G. Industrial Institute, 1995 SCC (3) 583.

4. Lucknow Development Authority v. M.K. Gupta, 1994 SCC (1) 243

5. J.J. Merchant v. Srinath Chaturvedi, AIR 2002 SC 2931

6. Neena Aneja v. Jai Prakash Associates Ltd., (2022) 2 SCC 161

AIBE 19 Law of Torts Preparation Tips

Here are some preparation tips to ace the AIBE 19 Law of Tort:

• Thoroughly understand the syllabus: The first and foremost thing candidates must do before starting their preparations is understand what topics and sub-topics will be covered in the entrance exam.

• Practice Previous Year AIBE Question Papers: Attempting the AIBE previous year question papers is a really good way to understand the exam pattern. Apart from knowing the paper pattern, candidates will be able to test their preparations for the AIBE exam.

• Make short notes during preparation: Making short notes of important topics and concepts is a really helpful way of memorizing what you have studied. These short notes will also help students in revision later.

• Leave ample time for revision - Candidates must plan their preparations in such a manner they have enough time for revision once they have completed the entire syllabus. Revision is very crucial in preparation.