Torts and Consumer Protection Act, 2019

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Description
Law of Torts is an uncodified branch of law till date. Indian Judiciary has played a pivotal role in shaping Law of Torts in India. The spectrum of Law of Torts is ever expanding and this is continuously reflected through numerous landmark judgements pronounced by Indian Courts especially the Supreme Court of India, such as awarding of exemplary damages, medical negligence, defamation, strict and absolute liability etc. The principles of Tort Law have been applied in some legislations including the Consumer Protection Act, 2019.
The Consumer Protection Act, 2019 has replaced the Consumer Protection Act, 1986 and has introduced slew of measures to protect the rights and interests of the consumers in the digital era, namely establishment of central consumer protection authority, enhancing the powers of the Consumer Commissions, enacting law on product liability, stringent penalties and offences, mediation, allowing consumer to file complaint online etc. The present book aims to provide most valuable and up-to-date information on Law of Torts and the Consumer Protection Act, 2019 in simple, easy and eloquent manner. The book comprises of two parts. In part I, the concepts of Law of Torts and the provisions of Motor Vehicles Act, 1988 are discussed and in part II, the significant provisions of Consumer Protection Act, 2019 are elucidated. The book encompasses crisp and intelligible explication of legal principles and legal concepts along with relevant case laws in an intriguing manner. For the benefit of the readers every chapter is furnished with glossary of legal terms, chapter summary and test questions. At the end of each chapter the period of limitation for the relevant civil wrong is stated so that the students gain thorough knowledge about the subject.
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Contents
PART I
Chapter 1 : The Nature of Tort
Chapter 2 : General Principles of Liability and Elements in Tort
Chapter 3 : Parties to Tort: Capacity to Sue or be Sued in Tort.
Chapter 4 : General Defences in Tort.
Chapter 5 : Vicarious Liability
Chapter 6 : Vicarious Liability of State.
Chapter 7 : Remedies in Tort Law
Chapter 8 : Discharge of Tort or Extinction of Liability.
Chapter 9 : Defamation
Chapter 10 : Malicious Prosecution.
Chapter 11 : Nuisance
Chapter 12 : Trespass to Land
Chapter 13 : Trespass to Goods and Conversion.
Chapter 14 : Trespass to the Person.
Chapter 15 : Negligence
Chapter 16 : Strict Liability and Absolute Liability.
Chapter 17 : Deceit, Conspiracy and Negligent Misstatements
Chapter 18 : Injurious Falsehood and Passing-off Action.
Chapter 19 : No-fault Liability under Motor Vehicles Act.
PART II
CONSUMER PROTECTION ACT, 2019
Chapter 20 : Significance and Salient Features of Consumer Protection Act, 2019..
Chapter 21 : Rights of Consumers and Consumer Councils.
Chapter 22 : Who is a Consumer? Procedure for Filing Consumer Complaint
Chapter 23 : Jurisdiction and Powers of Consumer Commissions.
Chapter 24 : Central Consumer Protection Authority.
Chapter 25 : Mediation
Chapter 26 : Appeal, Review, Revision under Consumer Protection Act, 2019
Chapter 27 : Product Liability.
Chapter 28 : Offences and Penalties
Subject Index.
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Author Details
Dr Medha Kolhatkar (BSL, LL M, PhD) is a faculty at ILS Law College, Pune with an extensive teaching experience of nearly three decades and a legal consultant. She accomplished Masters in Law from the University of Pune and Doctor of Philosophy in Law from Bharati Vidyapeeth University, Pune. She regularly delivers lectures at various law colleges, corporate houses, financial institutions, etc.
In addition to her attainment in the teaching field, she has authored and edited many books markedly, Drafting, Pleading and Conveyancing published by LexisNexis, Human Rights and the Indian Constitution for Yashwantrao Chavan Maharashtra Open University, Maharashtra, Consumer Protection Act for Symbiosis Centre for Distance Learning, Pune. She has also edited and revised the fourth edition of Professor M P Jain's The Code of Civil Procedure and ninth edition of GM Divekar's Practical Guide to Deeds and Documents.