Report No. 01

Liability of the State in Tort

Contents
Chapter I	Introductory
	Reference
Chapter II	Existing Law in India (1)
	Existing Law in India (2)
Chapter III	The Law in England
	Crown Proceedings Act
	Section 2(1)
	Vicarious liability of the master
	Principles governing master's liability
	Defence of common employment
	The Crown as master and its liability to servants
	Statutory duties and powers
	Statutory duties
	Statutory powers
	Public duties
	Section 2(2)
	Section 2(3)
	Section 3
	Section 4
	Section 9 - Postal Packets
	Section 10 - Armed forces
	Section 2(4) - Discretionary powers
	Section 11(1)
	Section 40(e) - Highways
Chapter IV	The Law in The U.S.A
	Federal Tort Claims Act
Chapter V	The Law in Australia
Chapter VI	The Law in France
Chapter VII	Rule of Statutory Construction
Chapter VIII	Conclusions and Proposals
I.	Under the general law
II.	In respect of duties of care imposed by statute
III.	Miscellaneous
IV.	General Provisions
V.	Exceptions
VI.	Definitions
VII.	Rule of construction regarding statutes binding on the Union and States
Appendix I	The State was held not liable for torts arising out of:
	The State was held not liable for torts arising out of
Appendix II	Federal Tort Claims Act (America)
	Sub-chapter I.--Administrative adjustment of tort claims against the United States
	Settlement of claims of $ 1,000 or less; conclusiveness; appropriations
	Reports to Congress
	Sub-chapter II.-Suits on tort claims against the United States
	Suits on tort claims against the United States
	Procedure
	Review
	Compromise and settlement of suits
	Sub-chapter 111.-Miscellaneous provisions
	Definitions
	Statute of limitations
	Claims exempted from operation of chapter
	Attorney's fees; penalties
Appendix III	Judiciary Acts 1903-1950 (Australia)
	Part IX.-Suits by and against the Commonwealth and the States
	Suits against the Commonwealth
	Suits against a State in matters of federal jurisdiction
	Injunction against one State its Officers
	Suits by a State
	Rights of parties
	Performance by Commonwealth or State
Appendix IV	Public Corporations Created by Statutes in India
Appendix V	Protection Clauses in Indian Acts Giving Immunity to The State
Appendix VI	General Principles of Tortious Liability as Referred to in The Proposals
A.	Liability of master to third parties for torts committed by servant
B.	Liability of an employer for torts committed by an independent contractor, his servants or agents
C.	Liability of principal for torts of his agents
D.	Liability of master to servant
E.	Common law duties attaching to ownership, occupation, possession, or control of property
F.	Absolute liability for inherently dangerous things
G.	Things not inherently dangerous