AIBE 20 Law of Tort 2025: Syllabus, Topics, Important Cases, Preparation Tips

AIBE 20 Law of Tort 2025: Syllabus, Topics, Important Cases, Preparation Tips

Edited By Sansar Singh Chhikara | Updated on Jan 30, 2025 10:47 AM IST | #AIBE

The Bar Council of India will release the detailed AIBE 20 syllabus through its official website. The AIBE 20 (XX) syllabus will be similar to the previous year's syllabus. However, if BCI introduces any updates in the AIBE 20 syllabus, the same will be changed here. The syllabus of AIBE 20 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 the law of tort. The Law of Tort subject also comprises the Motor Vehicle Act and Consumer Protection Law. The AIBE 20 Law of Tort will consist of 5 questions out of the total 100 questions. Law of Tort holds 5% weightage in the AIBE 20 exam. Read the complete article to get detailed information about AIBE 2025 Law of Tort syllabus, topics, sub-topics, notes, preparation tips, important governing bodies and more.

This Story also Contains
  1. AIBE 20 Law of Tort Syllabus 2025
  2. AIBE 20 Law of Torts Preparation Tips
  3. AIBE 20 (XX) Law of Torts Preparation Books 2025
AIBE 20 Law of Tort 2025: Syllabus, Topics, Important Cases, Preparation Tips
AIBE 20 Law of Tort 2025: Syllabus, Topics, Important Cases, Preparation Tips

AIBE 20 Law of Tort Syllabus 2025

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

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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

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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 20 Law of Torts Preparation Tips

Here are some preparation tips to ace the AIBE 20 (XX) 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.

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AIBE 20 (XX) Law of Torts Preparation Books 2025

Preparing for the AIBE exam requires revision for each topic included in the syllabus of AIBE. Candidates can refer to the AIBE preparation books online/offline to ensure they cover the entire AIBE syllabus topic-wise:

Name of the BookAuthor/Publisher
Tort LawP.S. Atchuthan
Motor Vehicles Act: A Commentary
A. S. Bansal
Consumer Protection Law in IndiaR. S. Sharma
Law of Torts and Consumer Protection
G. R. Dhananjay


Frequently Asked Questions (FAQs)

1. What is the AIBE 20 exam syllabus 2025?

The AIBE 2025 syllabus has a total of 19 different subjects including three new topics.

2. What are the passing marks in AIBE 20?

General category candidates need to score minimum 45% marks while reserved category candidates must score minimum 40% marks to pass the exam.

3. Is the AIBE an open-book exam?

No, the AIBE is not an open book exam. However, candidates can carry bare acts in the exam.

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Questions related to AIBE

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Whether or not signing your full name instead of your signature on the AIBE 19 answer booklet's self-declaration form would result in disqualification is uncertain. It depends on the specific rules and regulations of the AIBE examination and how strictly they are enforced, you can also check the official website or contact the concerned authorities.

Hello,

If you forgot to mention the booklet code in your AIBE 2024 application, follow these steps:

  1. Check for Edit Option : Log in to the AIBE portal and verify if there is an option to edit or update your application details.
  2. Contact Helpdesk : Reach out to the AIBE helpline or email support to explain the issue and request assistance for correcting the booklet code.
  3. Documentation : Keep a copy of your application form and any communication for future reference.
  4. Stay Updated : Monitor the official AIBE website for any updates or instructions regarding this issue.

Act promptly to avoid complications.

Hope it helps !

If you forgot to mention your booklet set code and other details on your AIBE 2024 exam OMR sheet while filling the rest of the information correctly, your exam may not be evaluated properly, and you could potentially face a delay in your results or even have your exam invalidated; however, there might still be a chance to rectify the situation.

Since AIBE exam is OMR based paper and is checked by using a specialized scanner called an "OMR scanner" which reads the darkened bubbles on the sheet, interpreting them as answers, and then comparing them to the answer key to generate a score - essentially, the machine "reads" the marks made on the paper to determine the correct answers, all through a process called Optical Mark Recognition (OMR). If it doesn't recognise your booklet code there are chances that it could not process your answer on code basis.

Reach out to the Bar Council of India (BCI) as soon as possible through their official website or helpline number. Explain the situation clearly, mentioning that you filled in all the details correctly except for the booklet set code and other missing information.

If possible, try to attach a scanned copy of your OMR sheet where you can highlight the correctly filled details and the missing booklet set code.

Hope it is helpful to you!!!

In the All India Bar Examination (AIBE), the use of correction tools such as whiteners is generally prohibited. This is because alterations on the answer sheet can interfere with the Optical Mark Recognition (OMR) scanning process, potentially leading to issues in accurately reading your responses.


While the use of a whitener on a single question may not automatically result in the rejection of your exam, it could raise concerns during the evaluation process. The impact largely depends on whether the correction affects the OMR system's ability to accurately read your answer sheet.


Recommendations:


Contact AIBE Authorities: It's advisable to reach out directly to the AIBE administration to inform them of the situation and seek guidance. They can provide specific information regarding any potential implications and advise on any necessary steps you should take.


Monitor Official Communications: Keep a close watch on official announcements or communications from AIBE regarding the evaluation process and any issues related to answer sheet discrepancies.



For future reference, it's best to avoid using correction tools during examinations to prevent any complications during the evaluation process.


For more insights on the dos and don'ts inside the AIBE exam hall, you might find the following vide

o helpful:




Hi Anirudh,

Using a whitener in the AIBE 19 exam (All India Bar Examination) is generally not allowed, as per the examination guidelines. However, if you used it in just one question and the rest of your answer sheet complies with the rules, the likelihood of outright rejection may be lower, but it ultimately depends on the discretion of the Bar Council of India (BCI).

Wait for Official Notification, Check your result once it is released, If the BCI invalidates your paper, they will usually notify you.

In some cases, minor infractions like using a whitener in a single question may not lead to disqualification, provided the rest of the answer sheet adheres to the rules. However, the final decision rests with the BCI.

Stay calm and wait for the official result or response from the authorities. Mistakes happen, and the best approach is to address them responsibly.

Best Wishes!

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