Law of Tort, Motor Vehicle Act & Consumer Protection Law: A Comprehensive Guide for AIBE

The Law of Tort, Motor Vehicle Act, and Consumer Protection Law form the foundation of civil liability and consumer rights in India. These laws address civil wrongs, negligence, liabilities, and consumer protection. This guide covers key concepts, landmark cases, and multiple-choice questions (MCQs) to help law students prepare for the All India Bar Examination (AIBE).

📚 1. Law of Tort: Introduction and Definition

• Tort is a civil wrong, other than a breach of contract, for which the remedy is an action for unliquidated damages.
• Essentials of Tort:
  • Wrongful Act: An unlawful act or omission.
  • Legal Damage: Violation of a legal right (injuria sine damnum and damnum sine injuria).
  • Legal Remedy: Compensation or damages.

⚖️ 2. Landmark Cases on Law of Tort

(a) Donoghue v. Stevenson (1932)

• Facts:
  • A woman consumed ginger beer containing a decomposed snail and fell ill.
• Judgment:
  • Established the “neighbour principle” and duty of care in negligence cases.
• Conclusion:
  • Introduced the concept of product liability in tort law.

(b) Rylands v. Fletcher (1868)

• Facts:
  • The defendant constructed a reservoir that flooded the plaintiff’s coal mine.
• Judgment:
  • Introduced the principle of strict liability for non-natural land use.
• Conclusion:
  • Liability is imposed without proving negligence.

(c) Ashby v. White (1703)

• Facts:
  • The plaintiff was prevented from voting by the defendant.
• Judgment:
  • Recognized legal injury (injuria sine damnum), where violation of a legal right is actionable even without damage.
• Conclusion:
  • Established the principle that violation of a legal right itself is a cause of action.

🚗 3. Motor Vehicle Act, 1988

(a) Definition and Scope

• Governs licensing, registration, control of vehicles, and motor accidents.
• Key Sections:
  • Section 140: No-fault liability.
  • Section 166: Compensation in motor accident claims.

(b) Landmark Cases under the Motor Vehicle Act

(i) Motor Owners Insurance Co. Ltd. v. Jadavji Keshavji Modi (1981)

• Facts:
  • The insurance company denied liability after a motor accident.
• Judgment:
  • The Supreme Court held that insurance companies are liable for third-party claims.
• Conclusion:
  • Established insurer liability in motor accidents.

(ii) S. Raghunathan v. Union of India (1999)

• Facts:
  • The petitioner claimed compensation for a motor accident under Section 166.
• Judgment:
  • Recognized the right to just compensation.
• Conclusion:
  • Expanded the scope of compensation claims.

🛡️ 4. Consumer Protection Act, 2019

(a) Definition and Scope

• Provides protection against defective goods, deficient services, and unfair trade practices.
• Key Features:
  • Section 2(7): Defines “consumer.”
  • Section 35: Filing of consumer complaints.

(b) Landmark Cases under the Consumer Protection Act

(i) Indian Medical Association v. V.P. Shantha (1995)

• Facts:
  • The respondent filed a complaint against a doctor for medical negligence.
• Judgment:
  • The Supreme Court ruled that medical services fall under the Consumer Protection Act.
• Conclusion:
  • Recognized patients as consumers.

(ii) Spring Meadows Hospital v. Harjol Ahluwalia (1998)

• Facts:
  • A child suffered due to medical negligence.
• Judgment:
  • Held the hospital liable for deficiency in service.
• Conclusion:
  • Expanded consumer rights against medical negligence.

✅ 5. Multiple-Choice Questions (MCQs)

1. Which case established the principle of strict liability in tort law?
   a) Donoghue v. Stevenson
   b) Rylands v. Fletcher
   c) Ashby v. White
   d) Indian Medical Association v. V.P. Shantha

   • ✅ Answer: b) Rylands v. Fletcher

2. Which section of the Motor Vehicle Act deals with no-fault liability?
   a) Section 140
   b) Section 166
   c) Section 2(7)
   d) Section 35

   • ✅ Answer: a) Section 140

3. Which case recognized patients as consumers under the Consumer Protection Act?
   a) Spring Meadows Hospital v. Harjol Ahluwalia
   b) Indian Medical Association v. V.P. Shantha
   c) S. Raghunathan v. Union of India
   d) Motor Owners Insurance Co. Ltd. v. Jadavji Keshavji Modi

   • ✅ Answer: b) Indian Medical Association v. V.P. Shantha

4. Which landmark case established the concept of “neighbour principle” in negligence?
   a) Donoghue v. Stevenson
   b) Rylands v. Fletcher
   c) Ashby v. White
   d) Motor Owners Insurance Co. Ltd. v. Jadavji Keshavji Modi

   • ✅ Answer: a) Donoghue v. Stevenson

5. Which section of the Consumer Protection Act defines “consumer”?
   a) Section 2(7)
   b) Section 35
   c) Section 166
   d) Section 140

   • ✅ Answer: a) Section 2(7)

🎯 Conclusion

Understanding the Law of Tort, Motor Vehicle Act, and Consumer Protection Law is vital for AIBE preparation. This guide covers the core concepts, landmark cases, and MCQs to help law students strengthen their legal knowledge.