Law of Torts and Consumer Protection
Law of Torts and Consumer Protection tests civil wrongs and the statutory protection of consumers. Torts is largely uncodified; the Consumer Protection Act 2019 governs consumer disputes.
Negligence and liability
- Negligence: duty of care, breach, causation and damage; res ipsa loquitur shifts the evidential burden.
- Defences: contributory negligence, volenti non fit injuria, inevitable accident, act of God, statutory authority.
- Strict liability: Rylands v. Fletcher; absolute liability: M.C. Mehta v. Union of India (1987), with no exceptions.
- Vicarious liability of employers for acts in the course of employment.
Specific torts
- Defamation: libel and slander; defences of truth, fair comment and privilege.
- Nuisance, trespass, false imprisonment, malicious prosecution.
- Remedies: damages, injunction, specific restitution.
Consumer Protection Act 2019
- Consumer, goods, services, unfair trade practice, restrictive trade practice, product liability.
- Three-tier commissions: District up to Rs 50 lakh, State from Rs 50 lakh to Rs 2 crore, National above Rs 2 crore.
- Complaints within two years; e-commerce transactions covered; mediation and deemed admission provisions.
Worked example
A patient loses vision after a cataract operation performed without standard pre-operative tests. The hospital is liable in negligence: duty existed, the standard of care was breached, and the breach caused the loss. The doctor cannot plead res ipsa loquitur as a defence; it assists the patient.
Traps
Strict liability allows exceptions; absolute liability does not; criminal and tortious liability can coexist; consumer commissions have pecuniary limits and a two-year limitation.