Academic Year 2018-19

Semester II

Teaching Plan

LAW OF TORTS INCLUDING MV ACCIDENT

and CONSUMER PROTECTION LAWS-II

BY

Mr. Ankur Sharma,

&
Dr. C. J. Rawandale

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University)

December 2018 - April 2019

1. INTRODUCTION

In Law of Torts including MV Accident and Consumer Protection Act I, we

examined the nature and scope law of torts with respect to differing
purposes and with particular reference to the imposition of liability and the
provision of remedies for “injuries” of various kinds arising from negligence
and related matters.

The objective behind teaching Law of Torts including MV Accident and

Consumer Protection Laws II is to set out the law of private rights and
remedies, which are not covered by statute and acquaint Students with
„Law of Torts‟, which governs actions for damages for injuries to certain
kinds of rights, like the right to personal security, property and reputation.

In Law of Torts including MV Accident and Consumer Protection Laws II,

we will examine the differing requirements which lead to civil liability for
wrongs against persons and personal relations (Assault and Battery, False
Imprisonment, Defamation, Malicious Prosecution), interference with
immoveable property (Trespass to Land, Dispossession, Nuisance),
interference with goods (Trespass to Goods, Conversion, Detention), torts
involving deception of others (Deceit, Malicious Falsehood, Passing Off),
torts affecting reputation of goods and property (Slander of Goods,
Slander of Title, Maintenance and Champetry), negligence, and product
and services liability in the context of Consumer Protection Act.

2. LEARNING OBJECTIVES (Knowledge, Skills and Outcomes)

A. Knowledge

After studying Law of Torts, MV Accident and Consumer Protection Laws I,

which required you to understand the broad patterns of tort liability and to
identify the main policy reasons why the Courts or Parliament have
developed the scope of tort liability in particular ways, you have acquired
a general understanding of the principles upon which tort liability is
imposed, including the historical, political, social, economic and other
factors, which may affect the development of such liability.

The specific objective of the course, Law of Torts, MV Accident and

Consumer Protection Laws II, is to enable you to acquire a detailed
knowledge and understanding of selected, individual areas of the law of
torts. It requires you to be able, in the context of a given problem or
essay question, to identify the relevant area(s) of the law of torts and/or
Consumer Protection Law and to apply that law in detail and with
precision and accuracy.

B. Skills

The overall objective of this undergraduate course is to inculcate you with

the following set of skills: general cognitive intellectual skills; general
communicative/employability skills; and subject specific skills.

Cognitive
The law of torts will demand that students have the capacity to
demonstrate insight in presenting materials drawn from a wide and
sometimes contradictory range of primary and secondary sources and
doctrinal commentary; and to demonstrate an ability to produce a
synthesis of those materials that offers a personal and informed criticism.

Employability
The law of torts will demand that students have the capacity to be able to
write and use orally fluent and complex prose; using legal terminology
with scrupulous care and accuracy.

Subject Specific
The law of torts will demand an ability to identify and select key relevant
issues and to apply that knowledge with clarity to difficult situations of
significant legal complexity; to analyse facts and to produce well-
supported conclusions in relation to them.

C. Outcomes

Two key skills will be highlighted by this course (a) case

synthesis/problem solving and (b) independent research. These skills will
be central to your success in completing this course‟s scheme of
assessment.

Case synthesis/Problem solving

In preparing for tutorial, you will be asked to read, analyse and synthesize
a number of cases. You will also be asked to use that knowledge to
support your answer to a number of hypothetical, factual or “problem”
scenarios. In preparing properly for tutorial, you will be preparing properly
for the end of term assessment.

Independent research/group work

In preparing for the coursework assignment, particular emphasis will be
placed on independent learning i.e., the ability to take initiative in the
design (individualised approach or plan of action) and research (external
legal and non-legal sources) of the stated project. The coursework in
question is deliberately broadly drawn, and is designed to challenge you in
this regard.

Final Outcome
Assessment is by compulsory coursework examination (100%) (Internal
(40%) and External (60%)) by Symbiosis International (Deemed
University).

3. LECTURES

A. Times and Attendance

Three lectures per week have been set aside for this course for each
division. Verify it from the timetable assigned for each division. In addition
to regular classes, two Banyan Tree sessions will be conducted which will
form part of attendance as well. Pl. refer to the Banyan Tree Sessions
schedule as given under Tutorial Mode and Schedule.
Lecture outlines, principally in the form of PowerPoint slides, and relevant
study/reading material will be made available in „The Library‟ on „Curiosity‟
Portal at [Link] To facilitate your
understanding of these lectures, you should always read at least the
relevant pages of suggested readings in advance of each lecture.

As per Symbiosis International (Deemed University) Regulations,

please note, “Students are expected to attend minimum 75% of all
scheduled sessions and other forms of instruction as defined by
the programme of study.”

The student will not be eligible to appear for the examination if he / she
fail to put in the required attendance. The Students can update
themselves of their attendance daily online in „Attendance‟ on „Curiosity‟
Portal at [Link]

B. Notifications

Learners are informed that notice/s, if required, with respect Academic-

Administration, either by Course in Charge or Faculty In Charge, Acdemic
Coordination will be sent using „Owl@Curiosity‟. Either Course in
Charge/Faculty In Charge, Academic Coordination or Learner
using „Library@Curiosity‟ will publish no notifications. You are
required to keep your self duly informed.

C. Lecture Outline

Week 1 Topic 1: What is the Tort Law?

17/12/18
Lecture 1- Syllabus Preview

Lecture 2- Syllabus Preview

Topic 2: Torts against Persons and Personal
Relations

Lecture 3- Assault and Battery: Definitions; Essentials

of Assault and Battery; Lawful Justifications; Remedies

Weak2: Lecture 4- Assault and Battery: Definitions; Essentials

24/12/18 of Assault and Battery; Lawful Justifications; Remedies

Lecture 5- False imprisonment: Definition; Essentials of

False Imprisonment; Lawful Justifications; Remedies

Lecture 6- False imprisonment: Definition; Essentials of

False Imprisonment; Lawful Justifications; Remedies

Week 3 Lecture 7- Defamation: Definition; Types; Essentials of

31/12/18 Defamation; Lawful Justifications; Remedies;
Defamation, Free Speech and the Media
 Lecture 8 - Defamation: Definition; Types; Essentials of
Defamation; Lawful Justifications; Remedies;
Defamation, Free Speech and the Media

Lecture 9- Defamation: Definition; Types; Essentials of

Defamation; Lawful Justifications; Remedies;
Defamation, Free Speech and the Media

Week 4 Lecture 10- Malicious prosecution: Definition;

07/01/19 Essentials of Malicious Prosecution; Lawful Justifications;
Remedies

Lecture11- Malicious prosecution: Definition; Essentials

of Malicious Prosecution; Lawful Justifications; Remedies
Topic 3: Interference with Immoveable Property

Lecture 12- Trespass to land: Definition; Essentials of

Trespass to Land; Title to Sue; Lawful Justifications;
Remedies

Week 5
14/01/19 Lecture 13 - Trespass to land: Definition; Essentials of
Trespass to Land; Title to Sue; Lawful Justifications;
Remedies

Lecture 14- Trespass to land: Definition; Essentials of

Trespass to Land; Title to Sue; Lawful Justifications;
Remedies

Lecture 15 - Trespass to land: Definition; Essentials of

Trespass to Land; Title to Sue; Lawful Justifications;
Remedies

Week 6
21/01/19 Lecture 16 – Dispossession: Definition; Justifications;
Remedies

Lecture 17- Nuisance: Definition; Types of Nuisance

(Public and Private Nuisance); Essentials; Lawful
Justifications; Remedies

Lecture 18-Nuisance: Definition; Types of Nuisance

(Public and Private Nuisance); Essentials; Lawful
Justifications; Remedies
Week 7
28/01/19 Lecture 19-Nuisance: Definition; Types of Nuisance
(Public and Private Nuisance); Essentials; Lawful
Justifications; Remedies

Lecture 20-Nuisance: Definition; Types of Nuisance

(Public and Private Nuisance); Essentials; Lawful
Justifications; Remedies
Topic 4: Interference with Goods

Lecture 21- Trespass to goods: Definition; Essentials of

Trespass to Goods; Lawful Justifications; Remedies

Week 8
04/02/19 Lecture 22- Trespass to goods: Definition; Essentials of
Trespass to Goods; Lawful Justifications; Remedies

Lecture 23- Conversion: Definition; Modes of

Conversion; Essentials of Conversion; Title to Sue;
Lawful Justifications; Remedies

Lecture 24- Detention: Definition; Essentials of

Detention; Lawful Justifications; Remedies; Distinction
between Trespass and Conversion

Week 9
11/02/19 Lecture 25- Detention: Definition; Essentials of
Detention; Lawful Justifications; Remedies; Distinction
between Trespass and Conversion

Topic 8: Products and Services Liability

Lecture 26- Concept: The Position in the Indian

Contract Act, 1872; The Position in the Sales of Goods
Act, 1930; The Position in Tort

Lecture 27- Consumer Protection Act, 1986: Objects of

the Consumer Protection Act, 1986: Working of the
Consumer Protection Act, 1986

Week 10
18/02/19 Lecture 28- Scheme and Working: Definitions:
Consumer; Complaint; Defect; Deficiency in service;
Unfair Trade Practices

Lecture 29- Consumer Redressal Forum: District

Forum; State Commission; National Commission

Lecture 30- Landmark cases: Medical negligence and

 Insurance

Week 11
25/02/19 Lecture 31- Recent Issues: Anti-Dumping and
Consumer Interest; What Difference Does the Consumer
Protection Act, 1987 really make? Conclusion

Topic 5: Torts Involving the Deception of Others

Lecture 32- Deceit: Definition; Essentials of Deceit;

Lawful Justifications; Remedies

Lecture 33- Malicious Falsehood: Definition; Falsehood;

Malice; Damage; Remedies

Week 12
04/03/19 Lecture 34- Malicious Falsehood: Definition; Falsehood;
Malice; Damage; Remedies

Lecture 35- Passing off: Definition; The Varieties of

Passing Off; Remedies; Actionability

Lecture 36- Passing off: Definition; The Varieties of

Passing Off; Remedies; Actionability

Week 13
11/03/19 Topic 6: Torts Affecting Reputation of Moveable As
Well As Immovable Property

Lecture 37- Slander of Title: Slander of Goods:

Maintenance and Champetry

Lecture 38 – Slander of Title: Slander of Goods:

Maintenance and Champetry
Topic 7: Negligence

Lecture 39- The Concept of Duty: Historical

development of duty up to and including the present
position; The Test for Determining the Existence of a
Duty of Care: Foreseeability and Proximity-What is Fair,
Just and reasonable?

Week 14
18/03/19 Lecture 40- The Concept of Duty: Kinds of Damage;
Physical Harm and Damage to Property; Psychiatric
Injury and Illness; Economic Loss

Lecture 41- The Concept of Duty: Comparison of

 Physical Harm and Psychiatric Injury; Economic loss
caused by negligent statements compared with
economic loss as a result of careless acts

Lecture 42- Breach of Duty: The Reasonable Man Test;

Objective and Subjective Stands of Care

Week 15
25/03/19 Lecture 43- Breach of Duty: Proof of Breach and Res
Ipsa Loquitur; The Appropriate Role of Joint and Several
Liabilities

Lecture 44-Causation and Remoteness of Damage: The

Relationship between Causation and Remoteness of
Damage

Lecture 45- Causation and Remoteness of Damage:

Causation: Cause in Fact; Proximate Cause Degree of
Probability of Damage

Week 16
01/04/19 Lecture 46- Causation and Remoteness of Damage:
Remoteness of Damage; Direct consequence test;
Justification for the Remoteness Rules

Lecture 47- Defences: Volenti Non Fit Injuria;

Contributory Negligence; Ex Turpi Causa; The Rescue
Cases

Lecture 48 – Revision

Week 17
08/04/19 Lecture 49 – Revision

Lecture 50 – Revision

Lecture 51 – Revision

Week 18
15/04/19 Lecture 52 – Revision

Lecture 53 – Revision

Lecture 54 – Revision

*The schedule will be followed, subject to change/s due to

unforeseen/unavoidable circumstances.

4. READING AND MATERIALS

A. Textbook

Suggested Readings:

 Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore and Guru Prasanna

Singh, “Ratanlal & Dhirajlal's the Law of Torts”, Lexis Nexis, Gurgaon:
27th Edn. 2016
 Alastair Mullis And Ken Oliphant, “Torts”, Palgrave Macmillan,
Basingstoke: 4th Edn. 2011
 Percy Henry Winfield, J.A. Jolowicz and T. Ellis Lewis, “Winfield on
Tort”, Sweet and Maxwell, London: 19th Edn. 2015
 John William Salmond, “Salmond on the Law of Torts”, Sweet &
Maxwell: 16th Edn. 1973
 Heuston Salmond, “The Law of Torts”, Universal Law Publishing Co Ltd:
2004
 Edward White, “Tort Law in America: An Intellectual History”, Oxford
University Press: 2003
 Frederick Pollock, “The Law of Torts: A Treatise on the Principles of
Obligations Arising from Civil Wrongs in the Common Law: To which is
Added the Draft of a Code of Civil Wrongs Prepared for the Government
of India”, BiblioBazaar: 2008
 Jenny Steele, “Tort Law: Text, Cases & Materials”, Oxford University
Press: 2007
 Vivienne Harpwood, “Modern Tort Law”, Rutledge: 2008
 Vera Bermingham, “Tort Law”, Oxford University Press, London: 4th
Edn. 2012
 Nicholas J. Mcbride And Roderick Bagshaw, “Tort Law”, Pearson
Education, New Delhi: 2001
 Carl F. Cranor, “Toxic Torts: Science, Law and the Possibility of Justice”,
Cambridge University Press: 2006
 Gerald Boston, Stuart M. Madden and M. Stuart Madden, “Law of
Environmental and Toxic Torts: Cases, Materials and Problems”, West
Publishing Company: 2005
 Videh Upadhyay, “Public Interest Litigation in India: Concepts, Cases
and Concerns”, LexisNexis Butterworths: 2007
 Jai Narain Pandey, “Law of Torts: With Consumer Protection Act, 1986
and Motor Vehicles Act, 1988”, Central Law Publication: 2002
 Kenny, Courtney Stanhope, „A Selection of Cases Illustrative of the
English Law of Tort‟, Cambridge University Press, London: 1928
 Stewart, Pamela, „Australian Principle of Tort Law‟, The Federation
Press, Annandale, NSW: 2012
 Kidner, Richard, „Casebook on Torts‟, New Delhi: 2012
 Clerk, J F, „Clerk & Lindsell on Torts‟, Sweet & Maxwell, London: 2013
 Clerk, JF, Lindsell, William Henry Barber, „Clerk & Lindsell on Torts‟,
Sweet & Maxwell, London: 2009
 „Emerging Issues in Tort Law‟, Oxford Hart Publishing: 2007
 Dam, Cees Van, „European Tort Law‟, Oxford University Press, Oxford:
2014
 Singh, Avtar, „Introduction to Law of Torts‟, Lexis Nexis Butterworths
Wadhwa, Nagpur: 2009
 Singh, Avtar, „Introduction to the Law of Torts and Consumer
Protection‟, Lexis Nexis, Nagpur: 2013
 Singh, S. P., „ Law of Tort‟, Universal Law Publishing, New Delhi: 2010
 Oliphant, Ken, „Law of Tort‟, Lexis Nexis, Gurgaon: 2013
 Pillai, P S & Singh, Avtar, „Law of Tort‟, Eastern Book Company,
Lucknow: 2011
 Arun Kumar, „Law of Torts‟, Universal Law Publishing Co., New Delhi:
2010
 Pandey, J N, „Law of Torts with Consumer Protection Act, 1986‟,
Central Law Publications, Allahabad: 2011
 Pandey, J N & Vijay Kumar, „Law of torts with Consumer Protection
Act, 1986 and Motor Vehicles Act, 1988‟, Central Law Publications,
Allahabad: 2009
 Ramaswamy Iyer, S., „Law of Torts‟, LexisNexis Butterworths, New
Delhi: 2010
 Gandhi, B. M., „Law of Torts‟, Eastern Book Company, Lucknow: 2014
 Singh, S P., „Law of Torts including Compensation Under the Consumer
Protection Act‟, Universal Law Publishing, New Delhi: 2012
 Deakin, S. F., „Markesinis and Deakin‟s Tort Law‟, Clarendon Press,
New York: Oxford University Press, Oxford: 2008
 Deakin, S. F., „Markesinis and Deakin‟s Tort Law‟, Oxford University
Press, Oxford: 2008
 „Philosophical Foundations of the Law of Torts‟, Oxford University
Press, Oxford: 2014
 Murphy, John, „Street on Torts‟, Oxford University Press, Oxford: 2012
 Hedley, Steve, „Tort‟, Oxford University Press, New York: 2011
 Giliker, Paula and Beckwith, Silas, „Tort‟, Sweet & Maxwell, London:
2011
 Bermingham, Vera, „Tort Law‟, Oxford University Press, Oxford: 2012
 McBride, Nicholas J., „Tort Law‟, Pearson Education, New Delhi: 2001
 Hodge, Sue, „Tort Law‟, Routledge, New York: 2004
 Finch, Emily, „Tort Law‟, Harlow, England: Pearson Longman, New
York: 2013
 Horsey, Kirsty, „Tort Law‟, Oxford University Press, Oxford: 2013
 Lunney, Mark, „Tort Law‟, Oxford University Press, Oxford: 2013
 „Tort Law‟, HART Publishing, UK: 2013
 Steele, Jenny, „Tort Law‟, Oxford University Press, Oxford: 2014
 Beez, Beau, „Tort Law in the United States‟, Wolters Kluwer, U.S.A.:
2014
 Mullis, Alistair and Oliphant, Ken, „Torts‟, Basingstoke Palgrave
Macmillan: 2011
 Harlow, Carol, „Understanding Tort Law‟, Sweet & Maxwell, London:
2005
 Avtar Singh, “Law of Consumer Protection: Principles and Practice Being
a Study of the Consumer Protection Act, 1986”, Eastern Book Co.: 2005
 P. K. Majumdar, “Law of Consumer Protection in India”, Orient
Publishing Company: 2002
 N. Barowalia, “Commentary on the Consumer Protection Act, 1986”,
Universal Law Publishing Co. Pvt. Ltd.: 2002
 Vera Bermingham, “Tort Law”, Oxford University Press, London: 4th
Edn. 2012
 Alastair Mullis And Ken Oliphant, “Torts”, Palgrave Macmillan,
Basingstoke: 4th Edn. 2011
 Nicholas J. Mcbride And Roderick Bagshaw, “Tort Law”, Pearson
Education, New Delhi: 2001
 Carol Harlow, “Understanding Tort Law”, Sweet & Maxwell, London: 3rd
Edn. 2005
 Emily Finch And Stefan Fafinski, “Tort Law”, Pearson Longman, Harlow,
England: 4th Edn. 2013
 Arun Kumar, “Law Of Torts”, Universal Law Publishing Co., New Delhi:
2010
 J N Pandey & Vijay Kumar, “Law Of Torts With Consumer Protection
Act, 1986 And Motor Vehicles Act 1988”, LexisNexis, Gurgaon: 2011
 S P Singh, “Law Of Tort”, Co., New Delhi: 5th Edn.2011
 Vera Bermingham, “Tort Law”, Oxford University Press, London: 4th
Edn. 2012
 Kirsty Horsey, “Kidner's Casebook On Torts”, Oxford University
Press, Oxford: 2012
 Vera & Carol Brennan, “Tort Law”, Oxford University Press, Oxford: 3rd
Edn. 2012
 Michael Faure, “Tort Law And Economics”, Edward Elgar, Cheltenham:
2009
 Paul Mitchell, “History Of Tort Law 1900-1950”, Cambridge University
Press, Cambridge: 2015
 David Howarth, Matthews, M. H & Morgan, Jonathan, “Hepple And
Matthews' Tort Law”, Hart Publishing, Oxford: 7th Edn. 2015
 Paula Giliker, “Vicarious Liability In Tort”, Cambridge University Press,
Cambridge: 2010
 Jenny Steele, “Tort Law”, Oxford University Press, Oxford: 3rd Edn.
2014
 Nicholas J Mcbride And Roderick Bagshaw, “Tort Law”, Pearson
Education, New Delhi: 2001
 John Oberdiek, “Philosophical Foundations Of The Law Of Torts”,
Oxford University Press, Oxford: 2014
 Pamela Stewart, “Australian Principles Of Tort Law”, Federation Press,
Annandale: 3rd Edn. 2012
 S Ramaswamy Iyer And A. Lakshminath, “Law Of Torts”, LexisNexis
Butterworths, New Delhi 10th Edn. 2010
 Kirsty Horsey And Erika Rackley, “Tort Law”, Oxford University
Press, Oxford: 3rd Edn. 2013
 Paula Giliker And Silas Beckwith, “Tort”, Sweet & Maxwell, London: 4th
Edn. 2011
 Mark Lunney, “Tort Law”, Oxford University Press, Oxford: 5th Edn.
2013
 A. O. Sykes, “Economics Of Tort Law”, Edward Elgar Publications,
Cheltenham: 2007
 Jennifer Arlen, “Research Handbook On The Economics Of Torts”,
Edward Elgar, Cheltenham: 2013
 Stephen G. A Pitel, Jason W Neyers And Chamberlain, Erika, “Tort
Law”, Hart Publishing, U.K: 2013
 Emerging Issues In Tort Law, Hart Publishing, Oxford: 2007
 Richard Kidner, “Casebook On Torts”, Oxford University Press, Oxford:
2012
 P S A Pillai And Avtar Singh, “Law Of Tort”, Eastern Book Company,
th
Lucknow: 9 Edn. 2011
 S. F. Deakin And Angus Charles Johnston, “Markesinis And Deakin's
Tort Law”, Oxford University Press, Oxford: 6th Edn.2008
 Cees Van Dam, “European Tort Law”, Oxford University Press, Oxford:
2nd Edn. 2014
 John Frederic Clerk And William Henry Barber Lindsell, “Clerk & Lindsell
On Torts”, Sweet & Maxwell, London: 2009
 Sandy Steel, “Proof Of Causation In Tort Law”, Cambridge University
Press, United Kingdom: 2015
 Mark Lunney, Oliphant, Ken “Tort Law”, Oxford University Press, New
York: 2000
 S. F. Johnston Deakin, Angus Charles & Angus Charles Johnston,
“Markesinis And Deakin's Tort Law”, Oxford University Press, Oxford:
7th Edn. 2013
 Ken Oliphant, “Law Of Tort”, Lexis Nexis Gurgaon: 2nd Edn. 2013
 John Murphy, “Street On Torts” Oxford University Press, Oxford: 13th
Edn. 2012
 Gandhi, B.M, “Law Of Torts”, Eastern Book Company, Lucknow: 4th
Edn. 2014
 Richard Kidner, “Casebook On Torts”, Oxford University Press, Oxford:
2012
 Stacie Strong And Liz Williams, “Complete Tort Law”, Oxford University
Press, Oxford: 2nd Edn. 2011
 Beau Baez, “Tort Law In The United States”, Wolters Kluwer, America:
2nd Edn.2014
 Jean-Louis Baudouin, “Tort Law In Canada”, Wolters Kluwer Law &
Business, London: 2nd Edn. 2013
 Ewa Bagińska, “Tort Law In Poland”, Wolters Kluwer Law & Business,
London: 2014
 Joseph D Zamore,” Business Torts”, Lexis Nexis Gurgaon: 2012
 Alastair Mullis And Kenm Oliphant, “Torts”, Macmillan, Basingstoke: 4th
Edn. 2011
 Sue Hodge, “Tort Law”, Routledge, New York: 3rd Edn. 2004
 J F Clerk, “Clerk & Lindsell On Torts”, Sweet & Maxwell, London: 20th
Edn. 2013

Note: The above list is indicative and not exhaustive. Earlier

editions/Latest Editions of a number of the above texts might also be
available and can be consulted once account is taken of their datedness,
particularly as to applicable case law. These texts were selected because
they provide in one volume a combination of text, cases and materials i.e.,
a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There
is much more to the Tort law than this, and you will undoubtedly benefit
from undertaking some reading and study of your own. It is creditable if
you, in respect of the proper use of independent research and study, follow
up in the Law Library some of the case references, periodical articles or
other material referred to in the prime textbook or in class – or even to do
some research of your own. For supplementary reading, you could, for
instance, begin by consulting the relevant sections of the “alternative” texts
placed on loan in the law library. Thereafter you could engage in your own
research, with particular reference to journals on online databases including
SCC Online, LexisNexis, Manupatra, WestLaw India, HeinOnline,
JSTOR, ProQuest, Kluwer Database (Kluwer Arbitration, Kluwer
Patent, and Kluwer Competition), CLAOnline, Ebrary, Emerald &
EBSCO, and offline database including AIR.

5. ASSESSMENT:

You will be examined in this course by Internal (40%) and External (60%)
assessment format. Internal examination will be conducted for 40 marks,
which includes one project (10 marks), one tutorial (20 marks), and one
legal drafting exercise (10 marks).

The Symbiosis International (Deemed University) will conduct external

written examination for 60 marks at the end of the Semester. It consists
of ten objectives (2 marks each=20 marks) and 4 subjective questions
(10 marks=40 marks).

6. INTERNAL ASSESSMENT MODE AND SCHEDULE

A. Project (Article Review) mode and Schedule

First Component is Research Project – Article Review where each learner

will be required to review the allotted Legal Research article to be
evaluated out of 10 marks.
The Research project is aimed at improving research and analytical skills
to make students learning academically more challenging and rigorous
than standard lecture and test format courses

The details about the rules and format of submission are annexed with
this document. (Refer to Enclosure A).

Process:

Learners are supposed to review a legal research article. The course-in-

charge will allot each learner a unique legal article on the designated date
in the class. No public announcement will be made concerning this. The
learners are required to see the course in charge in person after the class
and sign the allotment sheet after duly noting their allotted article.

For the convenience of learners, copy of all the articles will be made
available in „The Library‟ on „Curiosity‟ Portal
at [Link] by the designated date.

Project –Submission Guidelines: Please note that you are required to

submit it to Mr. Ankur Sharma, Assistant Professor a hard copy of your
project on or before the date of submission. It should comprise of Details
of the Learner (Name, PRN, Division and Programme). The project should
be accompanied with Turnitin generated plagiarism report. No submission
will be accepted without plagiarism report. Only after Plagiarism check,
the project will be evaluated for 10 marks. As per the anti-plagiarism, the
projects with more than 30% plagiarized content shall be marked „zero‟.

Note: Please make sure to rename the project file on your name and PRN
Number before uploading on the Turnitin software.
Example: Nick_Jonas_03122018.docx

Project Submission Result

Assignment

December 18, 2019 January 24, 2019 February 01, 2019

B. Tutorial & Presentation

Second Component will be Tutorial – Cases and Open problems/questions,

which carries 20 marks having at least two questions.

The tutorial will give you an opportunity for assessing your learning of Law
of Torts, MV Accident and Consumer Protection Laws. Tutorial also provide
you with an opportunity to develop written skills of presentation and
reasoned argument. Lack of preparation and a fortiori non-attendance will
mean that you will fail to make the most of the learning opportunities
provided by this tutorial. In order to achieve the two stated skills
objectives i.e. Presentation and problem solving skills, tutorial is
scheduled in this semester.

Students are asked to pay particular attention to the technique of dealing

with Law of Torts problems because the principal focus of a written test will
be on recent situations on Law of Torts. This will require study, IN ADVANCE
OF THE TUTORIAL, of the relevant sections of suggested readings and the
relevant case law. Students are obliged to write two page answers to the
stated question in the given tutorial. These answers, written, will form the
basis of the tutorial proceedings. It is aimed at improving the writing,
research, communication, and presentation skills. It is Open Book
Examination i.e. examinees are allowed to bring and use any material
including Books, Articles, Hand Written Notes, Hand Outs and alike printed
material. It does not include use of any electronic gadgets, machine or alike
material.

Test Result Topic

February 26, 2019 March 07, 2019

Topics: 1, 2, 3 & 4
Process: To understand the method, two online sessions (situation based)
with the use of Banyan Tree @Curiosity, will be conducted as follows:

Tutorial – Online Teaching Sessions @Banyan Tree

Session Begins Ends Attendance

I February 12, 2019 February 13, 2019 One Lecture

@08:00pm @08:00pm

II
February 19, 2019 February 20, 2019 One Lecture
@08:00pm @08:00pm

These sessions are COMPULSORY for all learners. Your quality

response/answer/reply within stipulated Date and Time allotted should be
submitted. Those, who will respond/answer/reply within stipulated Date and
Time allotted, will be granted attendance for „One Lecture‟. No response
from a learner will result in absentee of the said learner. Please remember
attendance so granted for the session/s will form part of the total lectures
and thus attendance.

C. Legal Drafting Exercise Mode and Schedule

Drafting consumer complaint is to learn and develop skills to put your

legal knowledge in loud, precise and clear manner to satisfy the learned
one in arriving at the justified conclusion. We will examine the rationale
for protecting consumers, evaluate the interest that consumer protection
law protects such as physical integrity and economic interests and thus
held the needy ones. It is Open Book Exercise.

Process: Session/s with a practicing lawyer or an expert for the same will
be organised before the conduct of the tutorial. Here is the “rough guide”
to the headings that might help your technique of drafting a consumer
complaint.

1. Beginning: Title Jurisdiction of the Forum, Details of the

Parties, and Provisions of Law (2 Marks)
2. Main Body: Facts, Grievance/s, Witnesses, Specific Terms and
Conditions of Contract (6 Marks)
3. End Part: Prayer, Verification, and Affidavit, Court Fee Stamp
(2 Marks)
 Legal Drafting Exercise

Date Division Time

March 28, 2019 A, B & C 02:15 PM - 03: 30 PM

March 29, 2019 D&E 02:15 PM - 03:30 PM

7. ADMINISTRATIVE ARRANGMENTS

The Course in Charge for Law of Torts including MV Accident and

Consumer Protection Laws II is Mr. Ankur Sharma. Prof. Rawandale will
cover a few topics with him. Should you have any problems with your
work, please feel to meet the concerned faculty.

8. OFFICE HOURS AND CONTACT INFORMATION

If few doubts remain, please contact me via email:

[Link]@[Link] Please do speak up during this class! We
want each of you to glean as much from these readings and our
discussions as possible. This is why we are not relying on the traditional
method of testing. We welcome your questions and comments.

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 Annexure A

Enclosure A: Guidelines for Project

Law of Torts, MV Accident and Consumer Protection Laws II

The Maximum Marks for the project is 10. The final copy of the project
should be presented in accordance with the following specifications:

Please include the following categories in your article review:

1. Full Bibliographic Reference
2. Introduction: Objectives, Article Domain, Audience, Journal and
Conceptual/ Empirical Classification
3. Brief Summary
4. Results
5. Contributions
6. Foundation
7. Synthesis with Concepts
8. Analysis and Additional Analysis
9. General Critique
10. Relevance/Impact
11. Questions
12. Annotated Bibliography

1. Full Bibliographic Reference:

State the full bibliographic reference of the article you are reviewing
(authors, title, journal name, volume, issue, year, page numbers, etc)

2. Introduction: Objectives, Article domain, Audience, Journal and

Conceptual/ Empirical/Review Classification –

State the Objective of the Article (goals or purpose), its domain/ topic
area.
Identify the intended audience of the article, i.e. what background should
reader have; what background material one should be familiar to
understand the article?

3. Brief Summary
Summarize the article very briefly, roughly as under:
Paragraph 1: What is the problem being addressed?
Paragraph 2: which solution is being proposed?
Paragraph 3:what evidence is put forward to support the solution
provided?

4. Results
Briefly summarize the important points (such as observations,
conclusions, findings, inferences) and “take home points” in the article.

5. Contributions: An article makes a contribution by adding to the

knowledge of researchers in a research field. An article can make a
contribution to research field in many ways. Does it provide a new way to
look at a problem? Does it bring together or “synthesize” several concepts
in an insightful way that has not been done before? Does it provide new
results/ solutions or identify new issues? Are the issues addressed
introduced in a way that their relevance/impact to practice is evident?

List the article‟s original contribution. Discuss each contribution with due
care.

6. Foundation: Identify the key pieces of prior research upon which

article are built. If the article is entirely new domain, “This article does not
build upon any foundation research” may be specified.

7. Synthesis with Concepts: Synthesis means analysing a particular

topic by comparing and contrasting it with, and thinking about it from the
viewpoint of, the basic concepts related to the topic.

8. Analysis: State that what has changed since the article was written?
How do its lessons, ideas and theories still apply? To what extent have its
issues been resolved?

9. General Critique: In this section one should state his/her opinions of

how well the authors presented and discussed the research results
including interpretations in the article. It should contain both positive and
negative comments with due justification.

10. Relevance/Impact: Determine how much this article has

relevance/Impact, do a citation analysis.

11. Questions: List two insightful questions of your own arising from this
article that could really make one think.

12. Annotated Bibliography: For every item you have cited in your
review, you need a full reference and an annotation explaining it.
 Formatting Guidelines

1. Typewriting shall be in a standardized form in single line spacing with

following specifications:

 Paper Size: A4
 Orientation: Portrait
 Font: Verdana
 Font Size: Main Heading 16(Bold), Sub Heading 14(Bold) and text 1
 Alignment: Justified
 MS Word: Updated Version
 Page layout: left-1.5 cm, Top-Right-Bottom - 1 cm
 Word Limit: 2000-2500 Maximum
 Use „End Notes‟ and not „Foot Notes‟

2. The title of the project, name of the candidate, degree, faculty,

university, month and year of submission, and the name of the
research guide with his/her designation and full official address shall be
printed on the first page and on the front cover as given in Appendix
„A‟.

3. A certificate (Appendix „B‟) affirming that the research work of the

candidate is original, and that the material, if any, borrowed from other
sources and incorporated in the research project report has been duly
acknowledged should be signed by the candidate. It should also state
that the candidate himself/herself will be held responsible and
accountable for plagiarism, if any, detected later.

4. Bibliography should be written alphabetically as per Appendix „C‟.

 Appendix „A‟ – Front Page and Cover

ARTICLE REVIEW

Title of the Article Reviewed

Name of Author
Journal Name
Issue Number
(centered)

----------------------------------------------------------------------------------

---------------------------------------------------------------

Submitted by

Name of the candidate

-----------------------------------------

Class............. Programme of Study………… Division.... PRN....

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University)

In

Month, year

Under the guidance of

Name of Guide

-----------------------------------

Designation and official address of Research Guide

------------------------------------------------------------

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 Appendix „B‟ – Certificate

C E R T IF IC AT E

The Article review of the article having title

…………………………………………………… authored by ……………………… has been
submitted to the Symbiosis Law School, NOIDA for Law of Torts, MV
Accident and Consumer Protection Laws II as part of Internal assessment
is based on my original work carried out under the guidance of
______________. The research work has not been submitted elsewhere
for award of any degree.

The material borrowed from other sources and incorporated in the

research work has been duly acknowledged.

I understand that I myself could be held responsible and accountable for

plagiarism, if any, detected later on.

Signature of the candidate

Date:
 Appendix „C‟­ Bibliography

The Bibliography should contain a list of all the books, journals, articles
and pamphlets that the researcher has consulted during the course of the
study. It should be arranged alphabetically.

The entries in the bibliography should be made adopting the Harvard

APA Referencing System.

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