COURSE DESCRIPTION
Generally, this course intends, to equip candidates with general principles of law of torts including those relating to invasion of interests in person, reputation and property. The course further seeks to examine the governments’ liability and the remedies available in cases of liability. And therefore, this more specific covers the theories and policies underlying liability based on intent, negligence and strict liability. The focus is on intentional interference with persons and property, strict liability for abnormally dangerous activities, and negligence: duty, standards of care, proof of breach, factual and proximate causation, products liability, nuisance, defamation, misrepresentation, and invasion of privacy and lastly affirmative defenses and remedies.
The course introduces students to the basic principles of Law of Torts. It begins by giving definitional aspects of the Course by exhausting the meaning, nature, function, the interests it protects, classification. The course will proceed to cover the historical perspective of the Course, Sources and Main Categories of Law of Torts where it will shed light on two notions going as Common Law and Customary Torts showing how they influence one another. Then it follows discussion on General Principles or doctrines reiterated by different school of thoughts, the effect of existence and non-existence of intention and motive in tortious liabilities, specific Torts looking on relevant statutes where applicable and show how Tortuous Liability arise, its discharge, proof, disproof, and assessment of damages.
LEARNING OUTCOMES
By the end of the course, students will be able:
- To know and understand the basic principles of the Law of Torts;
- To
appreciate the function of the Law of Torts;
- To know and
understand the origin of Torts;
- To know and
understand categories of Torts;
- To know and
understand specific types of Torts and be able to demonstrate a knowledge of
relevant case law and legislation both in Customary and Common Law Torts;
- To be able
to solve problems with reference to case law and legislation both Customary and
Common Law Torts;
COURSE CONTENT
- General
principles underlining tortuous liability
- General characteristic of tortuous liability,
foundations of tortuous liability;
- Nominate
torts
- Intentional
torts
- Negligence and relate cause of actions such as
liability for negligent misstatements, nervous shock, occupier’s liability and
hospital liability
- Damages and
principles of remoteness
- Defamations
- Vicarious
liability
- Employers
liability;
- liability
for fatal accidents
- survival for causes of action on the death of
tortfeasor;
- liability of joint tortfeasors;
- The law related between the neighbors and law
related to dealing with hazardous or sensitive materials (nuisance liability
and issues of strict liability);
- Trespass
- law
relating to customary torts
- Government liability in tort; family torts.
COMPULSORY READING MATERIALS
- Barker, D. Tort
(1981)
- Clerk &
Lindsell, on Tort (1982)
OPTIONAL READING MATERIALS
- Fleming
J.G. Law of Torts (1971)
- Hepple
& Mathews, Tort Cases & Materials (1974)
- Huaraka, T.
The Law of Torts (1974)