Syllabus

 SYLLABUS

For LL.B. 3yrs Degree Course – 60:40 Pattern

***Distribution of marks (for Act/Topic etc) is referred from Old 100 marks pattern but to be divided proportionately as per the new 60:40 pattern

FYLLB SEMESTER – I

(All Subjects Compulsory)

Labour Laws

Contract - I

Torts & Consumer Protection Laws

Legal Language

Practical Training - I

Detailed Syllabus:

[1] LABOUR LAWS

 Industrial Disputes Act, 1947 – 40 marks

 MRTU & PULP Act, 1971 – 20 marks

 Industrial Employment (Standing Orders) Act, 1946 – 15 marks

 Employees Compensation Act, 1932 – 15 marks

 Collective Bargaining – 10 marks

[2] CONTRACT – I

(1) Indian Contract Act, 1872 (Sections 1 – 75)

 General Principles of Contract

 Government as a Contracting Party

 Constitutional provisions; government power to contract; procedural requirements; kinds of government contracts; their usual clauses; performance of such contracts; settlements of disputes & remedies.

 Standard Form Contracts

 Nature, advantages – unilateral character, principles of protection against the possibility of exploitation; judicial approach to such contracts; exemption clauses; clash between two standard form contracts.

 Multi-National Agreement

(2) Specific Relief Act, 1963

[3] TORTS & CONSUMER PROTECTION LAWS

 Law of Torts – 70 marks

 Consumer Protection Laws – 30 marks

(1) Introduction to Law of Torts

1. Definition, Nature, Scope & Objects

 Wrongful act – violation of duty imposed by law, duty which is owed to people generally (in rem) – damnum sine injuria & injuria sine damnum.

 Tort distinguished from crime & breach of contract

 Concept of Unliquidated Damages

 Changing scope of law of torts – expanding character of duties owed to the people generally due to complexities of modern society.

 Objects – prescribing standards of human conduct, redressal of wrongs by payment of compensation, proscribing unlawful conduct by injunction.

2. Principles of Liability in Torts

 Fault

 Wrongful intent

 Negligence

 Liability without fault

 Statutory liability

 Place of motive in torts

3. Justification in Tort

 Volenti non fit injuria

 Necessity, private & public

 Plaintiff’s default

 Act of God

 Inevitable accident

 Private defence

 Statutory authority

 Judicial & quasi-judicial acts

 Parental & quasi-parental authority

4. Extinguishments of liability in certain situations

 Actio personalis moritur cum persona – exceptions

 Waiver & acquiescence

 Release

 Accord & satisfaction

 Limitation

5. Doctrine of sovereign immunity & its relevance in India.

 Vicarious Liability

- Basis, scope & justification

- Express authorization

- Ratification

- Abetment

 Special Relationships

- Master & servant – arising out of & in the course of employment; who is master? the control test; who is servant? borrowed servant; independent contractor & servant, distinguished

- Principal & agent

- Corporation & principal officer

6. Torts against persons & personal relations

 Assault, battery, mayhem

 False imprisonment

 Defamation – libel, slander including law relating to privileges

 Marital relations, domestic relations, parental relations, master & servant relations

 Malicious prosecution

 Shortened expectation of life

 Nervous shock

7. Wrongs affecting property

 Trespass to land, trespass ab initio, dispossession

 Movable property – trespass to goods, detinue, conversion

 Torts against business interests – injurious falsehood, misstatements, passing off

8. Negligence

 Basic concepts

 Theories of negligence

 Standards of care, duty to take care, carelessness, inadvertence

 Doctrine of contributory negligence

 Res ipsa loquitur & its importance in contemporary law

 Liability due to negligence – different professional

 Liability of common carrier for negligence

 Product liability due to negligence – liability of manufacturers & business houses for their products

9. Nuisance

 Definition, essentials & types

 Acts which constitute nuisance – obstructions of highways, pollution of air, water, noise, & interference with light & air.

10. Absolute / Strict liability

 Rule in Rylands v. Fletcher

 Liability for harm caused by inherently dangerous industries

11. Legal remedies

 Legal remedies

 Award of damages – simple, special, punitive

 Remoteness of damage – foresee ability & directness

 Injunction

 Specific restitution of property

 Extra-legal remedies – self-help, re-entry on land, re-caption of goods, distress damage feasant & abetment of nuisance.

(2) Consumer Protection Laws

1. Consumer movements – historical perspectives

 Common law protection – contract & torts

 Consumerism in India – food adulteration, drugs & cosmetics ; essential commodities

2. Consumer – the concept

 General Perspectives

 Statutory & government services – to be included or not?

 Definition & scope – the Consumer Protection Act, 1986 (CPA)

 Who is not a consumer?

3. Unfair Trade Practices

 Misleading & false advertising

 Unsafe & hazardous products

 Disparaging competitors

 Business ethics & business self-regulation

 Falsification of trade marks

4. Consumer of goods

 Meaning of defects in goods

 Standards of purity, quality, quantity & potency

 Statutes – food & drugs, engineering & electrical goods

5. Supply of essential commodities

 Prescribing standards of quality – BIS & Agmark

6. Consumer Safety

 Starting, distribution & handling of unsafe & hazardous products

 Insecticides & pesticides & other poisonous substances

7. Service

 Deficiency – meaning

 Professional services

 Medical services

 How to determine negligence

 Violation of statute

 Denial of medical service – violation of human rights

 Lawyering services – duty-towards-court & duty-to-client dilemma, break of confidentiality – negligence & misconduct.

 Public Utilities ; Supply of electricity

 Telecommunication & postal services

 Housing ; Banking

8. Commercial services

 Hiring

 Financing

 Agency Services

9. Enforcement of Consumer Rights

 Consumer forum under CPA – jurisdiction, powers & functions

 Execution of orders

 Judicial review

 PIL ; Class action

 Remedies

 Administrative remedies

[4] LEGAL LANGUAGE

[INCLUDING LEGAL WRITING & GENERAL ENGLISH]

1) Grammar Usage – 15 marks

 Brief Revision of rules of grammar & punctuation.

2) Comprehension, & Composition & Communication Skills – 20 marks

3) LEGAL MAXIMS – 15 marks

 SALUS POPULIEST SUPREMA LEX = Regard for the public welfare is the highest law.

 REX NON POTEST PECCARE = The king can do no wrong

 AUDIALTERAM PARTEM = No man shall be condemned unheard

 NEMO DEBET ESSE JUDEX IN PROPRIA SUA CAUSA = No man can be judge in his own cause

 DE MINIMIS NON CURAT LEX = The law does not concern itself about trifles

 QUOD AB INITO NON VALET IN TRACTU TEMPORIS NON CONVALESSCIT = That which was originally void does not by lapse of time become valid.

 UBI JUS IBI REMEDIUM = There is not wrong without a remedy

 IN JURE NON REMOTA CAUSA SED PROXIMA SPECTATUR = In law the immediate, not the remote, cause of any event is regarded

 ACTUS DEI NEMINI FACIT INOURIAM = The law holds no man responsible for the act of God.

 IGNORANTIA FACTI EXCUSAT–IGNORANTIA JURIS NON XCUSAT = Ignorance of fact excuse – ignorance of law does not excuse

 VOLENTI NON FIT INJURIA = Damage suffered by consent is not a cause of action

 NULLUS COMMODUM CAPERE POTEST DE INJURIA SUA PROPRIA = No man can take advantage of his own wrong

 RES IPSA LOQUITUR = The thing speaks for itself

 ACTUS NON FACIT REUM NISI MENS SIT REA = The intent & the act must both concur to constitute the crime

 NEMO DEBET BIS VEXARI PRO UNA ET EADEM CAUSA = It is a rule of law that a man shall not be twice vexed for one & the same cause

 CESSANTE RETIONE LEGIS CESSAT IPSA LEX = The reason of the law ceasing, the law itself ceases

 ACTA EXTERIORA INDICANT INTERIORA SECRETA = Acts indicate the intention

 DOMUS SUA CUIQUE EST TUTISSIMUM REFUGIUM = Every man’s house in his castle

 NEMO EST HAERES VIVENTIS = No one can be heir during the life of his ancestor

 LEGES POSTERIORES PRIORSES CONTRARIAS ABROGANT = Later laws repeal earlier laws inconsistent therewith

 NOVA CONSTITUTIO FUTURIS FORMAM IMPONERE DEBET, NON PRAETERITIS = A new law ought to be prospective not retrospective, in its operation

 NOSCITUR A SOCILS = The meaning of doubtful word may be ascertained by reference to the meaning of words associated with it

 EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS = The express mention of one thing implies the exclusion of another

 NUEO DAT QUOD NON HABET = No one gives what he does not possess

 CAVEAT EMPTOR = Let purchaser beware

 RESPONDEAT SUPERIOR = Let the principal be held responsible

 VIGILANTIBUS, NON DORMIENTIBUS, URS SUBVENIUNT = The law assist those who are vigilant, not those who sleep over their rights

 ACTIO PERSONALIS MORITUR CUM PERSONA = A personal right of action dies with the person

 NEMO TENTUR SEIPSUM ACCUSARE = No man can be compelled to criminate himself

4) Legal Concepts – 5 marks

 Law ; Custom ; Justice ; Right ; Duty ; Wrong - Civil Wrong & Criminal Wrong Remedy ; Fact ; Person ; Offence ; State ; Plaint ; Complaint ; Suit ; Affidavit ; Judgment ; Appeal ; Review ; Revision ; Reference ; Writ ; Stay order ; Injunction ; Adjournment ; Cause of Action ; Issue ; Charge ; Bail ;

Ex Parte ; Discharge ; Acquittal ; Conviction ; Legal heirs ; Legal Representative ; Power of Attorney ; International Law ; Arbitration ; Jurisdiction ; Amicus Curiae.

5) Legislative Materials – 10 marks

 Brief introduction to the various parts of an Act

 Intent - aims & objects

 Short title ; Long title

 Date of Assent ; Date f Commencement

 Section ; Subsection

 Marginal note

 Schedule or Table.

 Exposure to Current Indian Statutes ; AIR Manual Civil Court Manual ; Criminal Court Manual; Maharashtra Local Acts ; Gazette of India ; Maharashtra State Gazette.

**Above concepts to be studied with reference to the following Acts :

(i) Maternity Benefit Act, 1961

(ii) Medical Termination of Pregnancy Act, 1971

(iii) Protection of Human Rights Act

6) Judicial Material – 10 marks

 Introduction to precedent - Ratio

 Cases for study (Facts ; Issues ; Arguments ; Judgement)

(i) M.C. Mehta v. Union of India, AIR 1987 SC 965

(ii) Vishakha & Ors. v. State of Rajasthan & Ors., AIR 1997 SC 3011

(iii) D.K. Basu v. State of West Bengal, 1997 (1) SCC 416

7) Official Reports (Specified Law Reports) – 10 marks

 Exposure to official Reports & Private Reports ; Supreme Court Reports ; Indian Law Reports; All India Reporter ; All India High Court cases ;Judgement Today Bombay Law Reporter ; Bombay cases Reporter ; Maharashtra Law Journal ; Supreme Court cases ; Criminal Law Journal ; Labour & Industrial cases ; Company cases ; Madras Law Journal ; All Maharashtra Law Reporter Marriage & Divorce cases ; Consumer. All England Law Reporter.

8) Journals, Periodicals & Law Magazines & Abbreviation – 5 marks

 Exposure to Lawyers collective insight ; One India One People ; Journal of the Indian Law Institute ; India Bar Review ; The Indian Advocate, Journal of the Bar Council of India ; India Quarterly ; Modern Law Review ; Law Quarterly Review.

9) Citations & References – 5 marks

 Importance of citations

 Understanding a given citation

 Citations in respect of official Reports & specified Law reports (listed earlier)

 Standard References in respect of the various Laws & Acts taught at LL.B. & Legal Dictionaries.

10) Search of Case Law – 5 marks

[5] PRACTICAL TRAINING – I

(i) Professional Ethics

(ii) Advocacy for Lawyers

(iii) Bar Bench relations

(iv) The Contempt Law & Practice

(v) Selected opinions of the Disciplinary Committee of Bar Councils & Major Judgements of the Supreme Court on the subject.