Law of Torts and Consumer Protection
General Principles of Tort
A tort is a civil wrong independent of contract, remedied by unliquidated damages. Revise the elements: duty, breach, causation and damage. Know the distinction between tort, crime and breach of contract. Understand the capacity of parties, vicarious liability (master and servant, course of employment), and the liability of the State for the acts of its servants.
Specific Torts
Study trespass to person (assault, battery, false imprisonment), trespass to land and goods, conversion, detinue, nuisance (public and private), defamation (libel and slander, with the defences of truth, fair comment, privilege), negligence (duty of care, standard of care, remoteness, contributory negligence), strict and absolute liability (Rylands v Fletcher, and the rule in M.C. Mehta), and occupiers' liability.
Defences and Remedies
Defences include volenti non fit injuria, contributory negligence, act of God, inevitable accident, statutory authority, necessity and private defence. Remedies are damages (general, special, nominal, exemplary), injunction and self-help. Know the limitation periods applicable to tort claims.
Consumer Protection
Bangladesh's consumer protection framework includes the Consumer Rights Protection Act, 2009 and the Directorate of National Consumer Rights Protection. Know the definition of 'consumer', prohibited unfair trade practices, the right to redress, and the forum for complaints.
Traps
Examiners test the difference between libel (permanent form) and slander (transient), whether truth is a defence in criminal defamation, and the distinction between strict and absolute liability. Another trap is treating volenti as a defence to negligence where the claimant did not truly consent.
Rule of Thumb
For any negligence question, run the sequence: duty, breach, causation, remoteness, then defences, then remedy. For defamation, check publication, defamatory meaning, reference to the claimant, and available defences.