Law of Torts and Consumer Protection
Torts and Consumer Protection tests civil wrongs outside contract and the statutory consumer remedy. Expect negligence, nuisance, defamation, strict liability and the Consumer Protection Act, 2019.
Core torts
Negligence requires duty, breach, causation and damage. Res ipsa loquitur shifts the evidential burden where the accident is of a kind that ordinarily does not happen without negligence. Contributory negligence reduces damages; volenti non fit injuria is a defence. Nuisance protects enjoyment of land; trespass is direct interference. Defamation requires a defamatory statement, publication and damage, subject to truth and fair comment. Rylands v Fletcher imposes strict liability for escape of dangerous things; M.C. Mehta imposes absolute liability for hazardous enterprises.
Consumer law
The 2019 Act covers goods and services, deficiency, unfair trade practice and product liability. Complaints lie before District, State and National Commissions by pecuniary jurisdiction. Limitation is two years from the cause of action.
Worked example
A surgeon leaves a swab inside a patient. The patient need not prove the exact act of negligence; res ipsa loquitur applies. The patient may file a consumer complaint for deficiency in service or a civil suit for damages, but cannot recover twice.
Traps
Strict liability has exceptions; absolute liability does not. Free medical services may fall outside consumer law depending on facts. Defamation has statutory and common-law defences. Do not ignore the two-year limitation.