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“FAULT BASED LIABILITY”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

TITLED-

LAW OF TORTS & CONSUMER PROTECTION

SUBMITTED TO- SUBMITTED BY-

Ms. SUSHMITA SINGH NAME: ARIDAMAN RAGHUVANSHI

TEACHER ASSOCIATE COURSE: B.B.A, LL.B (Hons.)

ROLL NO- 2013

SEMESTER- 1st

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA-800001

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INTRODUCTION

The word Tort is derived from the latin word “tortum”, which means ‘twisted’. Tort thus
represents that conduct which is not ordinary but one which deviates from the normal or the
prescribed. A tort is a kind of wrong one commits against another person. It occurs when a
person does something which s/he was not to do or conducts oneself in a manner which harms
others. Since s/he was not supposed to behave in the fashion s/he did the law holds the person
accountable for such behavior and calls upon the person to compensate those whom s/he has
harmed by his/her conduct.

An area of law that deals with the wrongful actions of an individual or entity, which cause injury
to another individual’s or entity’s person, property, or reputation, and which entitle the injured
party to compensation.

A negligent or intentional failure to act reasonably or according to law or duty;an act or


omission giving rise to a criminal indictment or a civil tort lawsuit. Defendant’s tort must be
proven to have caused the loss suffered.

“Fault” is a type of liability in which the plaintiff must prove that the defendant’s conduct was
either negligent or intentional.

AIMS AND OBJECTIVES:

The researcher aims to fulfill below objectives through this project:

 The main aim of this project is to study Fault based Liability


 Mental element in tortious liability.
 To study the difference between Fault based Liability and No-Fault based Liability

RESEARCH QUESTION

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HYPOTHESIS

‘Hypothesis’ is derived from two words: ‘hypo’ means ‘under’, and ‘thesis’ means an ‘idea’ or
‘thought’. Hence, hypothesis means an ‘idea’ underlying a statement or a proposition.

TENTATIVE CHAPTERIZATION

1) Fault Based Liability :Introduction


2) History of Tort and Fault-based liability system
3) Authorities(Cases)
4) Analysis(Landmark Cases)
5) Conclusion and Suggestion

RESEARCH METHODOLOGY

The researcher will be relying on Doctrinal method of research to complete the project.

SOURCES OF DATA:

The researcher used secondary sources of data to complete the rough draft.

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1) Secondary sources include all the websites on Tort which the researcher has consulted
while making the project.

BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough proposal:

SECONDARY SOURCES:

1) WEBSITES:

a) https://en.wikipedia.org
b) https://indiankanoon.org
c) http://www.lawteacher.net/free-law-essays/contract-law/fault-is-the-cornerstone-of-the-
tort-law-contract-law-essay.php
d)

2) BOOKS:

a) Law of Tort By S.P.Singh


b) Law of Tort By P.S.A Pillai
c) Law of Tort By Ramaswamy Iyer
d) The Law of Torts By Ratanlal and Dhirajlal