Law of Torts
1. In case of tort, damages are always unliquidated, or unascertained and invariably they are not, and in fact, cannot be actual.
2. A tort is a violation of a right in rem, i.e. of a right vested in public at large, either personally or as a member of community and available against the world at large.
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3. The philosophy of law of torts is a new subject, and formulated into a separate branch just from the beginning of 20th Century.
4. In tort, the duty is one imposed by the law, and is owed to the community at large. This principle is known as “Respondeat Superior”.
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5. Sometimes, is tort, motive is an essential factor to determine the liability, e.g., Malicious prosecution, defamation, etc.
6. Law relating to tort has not been codified. It is a judge-made law.
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7. In tort, a person may be entitled for such damages which he has not actually suffered. (Injuria since damnum.).
8. Exemplary or vindictive damages are awarded in tort.
9. Separate courts are not yet established. In the ordinary civil and criminal courts, the cases of torts are also enquired.
10. The complainant should pay the court fee advocate’s fee, etc.
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11. Generally, only the aggrieved party shall have to file the petition. In exceptional circumstances, the public interest litigation is allowed in a limited extent. Now in environmental law coupled with torts, PIL is highly prevalent.
12. The enquiry is conducted for a long time.
13. The proceedings are conducted as per the rigid legal principles, procedures and principles, and also followed natural justice.
14. The Courts enquiring the tort cases are purely judicial bodies.
15. The Judge or a group of Justices enquire and decide the tort cases. He or they shall possess excellent legal knowledge and have previous experience in judiciary.
16. There is no compulsory condition that a woman shall be appointed as a member.
17. In cases of torts, the Courts interprete the laws beyond their legal provisions, and consider the humanitarian values more. Thus they search new principles in awarding damages to the victims. All the environmental pollution cases are evolved from the law of torts only. The principles of Rylands vs. Fletcher, absolute liability in Bhopal Gas Leak case, Olieum Gas Leak Case, etc. are introduced by the initiation and search of the Supreme Court.
Consumer Protection Act, 1986
1. In case of CP Act, 1986, the aggrieved consumer has the right only for liquidated damages, i.e., presettled or actual damages. The damages can be ascertained by the redressal agencies.
2. in case of this Act, the injury or loss is caused to consumer, and it is the violation of right in personam, i.e. a right available only against some determinate person or body and in which the community at large has not concern.
3. The consumer awareness, consumerism, the rights of consumers are formulated into a separate department of law is a very fresh subject, and formulated into a separate department and branch of law just twenty years ago.
4. In consumerism also, the duty is one imposed by the law, but is owed to the seller/manufacturer/trader. The principle of this duty is known as “Caveat venditor”.
5. In consumerism, the motive is not an essential factor. The defaulting party, i.e. the seller/trader/manufacturer has to pay the cost of the goods or services or to replace with new defect-free goods or actual damages, without enquiry about his motive.
6. Even though consumer law is a fresh one, but it is condifed.
7. In consumer law, the consumer is entitled only for actual damages or replacement of new goods or services.
8. Generally actual damages are awarded to the consumers. In exceptional cases where the seller acts in bad faith and negligently, then exemplary or vindictive damages may also be awarded.
9. Separate consumer disputes redressal agencies are established in India, one at National level – National Commission, second I is at State level – State Commission, and the j third District level – District Forum.
10. There is no court-fee or advocate’s fee.
11. Public interest litigation is allowed. Third parties can also file the complaints on behalf of the aggrieved consumers.
12. Enquiry shall have to be concluded by the redressal agencies within the prescribed time, as prescribed by the Act.
13. The proceedings are conducted in simple and speed way. Legal procedurs are not followed. Principles of natural justice may also not be taken into consideration.
14. The consumer disputes redressal agencies are not judicial bodies. They are quasi- judicial bodies.
15. The President and Members enquire and decide the cases. All of them need not posses the legal skills and experience. Only the President is appointed from the line of judiciary. Remaining Members are taken from the public life, belonging to various walks of human life. They shall be persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.
16. The Act, 1986 imposes mandatory instruction that one woman must be appointed as one of the Members of the consumer disputes redressal agencies.
17. In consumer cases, the redressal agencies follow mercantile principles only. No doubt, consumer laws are evolved from the law of torts. But they are brought into strict principles and rules. The redressal agencies cannot go beyond such rules. However, in cases, where the consumer cases are connected with torts, the courts evolve new principles. Example : Medical consumer cases.