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Report No. 01

Liability of the State in Tort

Chapter I Introductory
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
Compromise and settlement of suits
Sub-chapter 111.-Miscellaneous provisions
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

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