Law of Torts and Consumer Protection
Scope
This domain covers civil wrongs-negligence, nuisance, defamation, strict liability and vicarious liability-and consumer protection under the Consumer Protection Act 2019. Problem questions usually ask whether a duty existed, whether it was breached, and what remedy follows.
Core rules
- 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.
- Vicarious liability: a master is liable for a servant's tort committed in the course of employment, not for an independent contractor's acts.
- Rylands v Fletcher imposes strict liability for escape of dangerous things; M.C. Mehta v Union of India imposes absolute liability for hazardous enterprises.
- Defamation requires a defamatory statement, publication and damage; truth is a defence.
- Consumer Protection Act 2019: consumer, complaint, deficiency in service, unfair trade practice, product liability, and commissions at district, state and national levels. Complaints must ordinarily be filed within two years.
Worked example
A buys a new refrigerator; it fails within a month and the seller refuses replacement. A files a complaint before the District Commission. The seller's refusal is a deficiency in service. A can seek replacement, refund, compensation and litigation costs. If A had bought it for resale, A would not be a consumer.
Traps
Medical negligence is not established merely because treatment failed; professional standards and expert evidence matter. A consumer complaint is not a substitute for a title suit. Do not ignore pecuniary jurisdiction and limitation.