You are on page 1of 3

1

DR. RAM MANOHAR LOHIYA


NATIONAL LAW UNIVERSITY,
LUCKNOW

ACADEMIC SESSION: 2014-15

Law of Tort-II and Consumer Protection:


SYNOPSIS
Medical Services in Consumer Protection Act,
1986

Submitted To: Submitted By:

Dr. Rajneesh Yadav Prashant Chaurasia

Asstt. Professor (Law) B.A. L.L.B. (Hons.)

Dr. Ram Manohar Lohiya National 4th Semester

Law University, Lucknow Roll No: 88


2

Section: B

OBJECTIVE OF STUDY:

Strict Liability is the liability in which the wrongdoer is liable to the acts for which he is not
responsible. The need for it was felt in the 19th century, to improve working and safety
standards in factories. In the English case of Rylands vs. Fletcher for the first time it was
realised, but later on with the passage of time the English concept got diluted and certain
exceptions crept in, the Shriram judgment categorically said that such exceptions would not
be applicable in India. The doctrine of Strict Liability evolved in India the case of MC
Mehtas where the Supreme Court had imposed the strict liability principle on erring
industries. Thus this difference and exceptions will be studied and analysed with reference to
the old common law principle and evolved concept in India.

HYPOTHESIS:

Strict Liability doctrine can be define as the acts or omissions which are held liable without
the mens rea (mental intent). It is a standard for liability which may exist in either a criminal
or civil context. A rule specifying strict liability makes a person legally responsible for the
damage and loss caused by his or her acts and omissions regardless of culpability including
the fault in criminal law. In tort law, strict liability is the imposition of liability on a party
without a finding of fault (such as negligence or tortious intent). The claimant need only
prove that the tort occurred and that the defendant was responsible. But are there any
exceptions or is there a difference in provisions of different country, is this absolutely strict is
the key question.

RESEARCH METHODOLOGY:

The methodology that would be adopted for preparing the project is purely doctrinal, which
would be based on various sources like text books, articles, internet resources, etc.

RESEARCH QUESTIONS:

Are there any exceptions in strict liability?


Is this liability absolute in nature?
Position in England and position in India.

TENTATIVE CHAPTERISATION:
3

Introduction of the Strict Liability & importance of it in current scenario

Facts of the case

Issue involved in the case

Evolution of the Strict Liability in India through this case

Judgment of the case

Difference between the Strict Liability in India with respect to the principle of it
evolved in the Rylands v. Fletcher

ConclusionBIBLIOGRAPHY:

BOOKS AND ARTICLES:

Rogers W.V.H., Winfield and Jolowicz on Tort, 17th Edition, 2006, London, Sweet
and Maxwell.
Bangia R.K., Law of Torts, 19th Edition, 2006, Allahabad Law Agency.
Justice Singh G P, Ratanlal & Dhirajlal The Law of Torts, 24th Edition, 2005,
Nagpur, Wadhwa & Company.
WEB RESOURCES

http://www.studentatlaw.com/articles/49/1/Tort-Law---Topic9-Vicarious-
Liability/ Page1.html

http://legalservicesindia.com/article/article/vicarious-liability-of-state-in-
sovereignfunctions- 580-1.html

http://lawmin.nic.in/ncrwc/finalreport/v2b1-13.htm