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LAW OF TORT

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Contents


1. Introduction to the Law of Tort

2. Historical Development of Tort Law

3. Nature, Scope, and Objectives of Tort Law

4. General Principles of Liability in Tort

5. Negligence

6. Duty of Care

7. Breach of Duty

8. Causation and Remoteness of Damage

9. Damage and Types of Loss

10. Defences in Tort Law

11. Intentional Torts

12. Strict Liability

13. Product Liability

14. Vicarious Liability

15. Remedies in Tort Law

16. Tort Law in Zambia

17. Relationship Between Tort and Other Areas of Law

18. Importance of Tort Law in Modern Society

19. Summary and Revision Guide


1. Introduction to the Law of Tort


The law of tort is a branch of civil law that deals with wrongful acts or omissions that cause harm or injury to individuals or their property. It provides remedies to persons whose legally protected interests have been violated. Tort law is concerned with civil liability rather than criminal punishment.


A tort is different from a crime in that it involves a private wrong, and the injured party brings the action. The remedy is usually compensation, not imprisonment or fines.


2. Historical Development of Tort Law


Tort law developed through common law rather than legislation. Early torts included trespass and nuisance, which focused on direct and intentional harm. Over time, courts recognized liability for indirect and unintentional harm, leading to the development of negligence.


Industrialization and technological advancement expanded the scope of tort law to address workplace injuries, product defects, and environmental harm.


3. Nature, Scope, and Objectives of Tort Law


Nature of Tort Law


Scope of Tort Law


Objectives

  1. Compensation of victims
  2. Deterrence of harmful conduct
  3. Protection of rights
  4. Promotion of social justice


4. General Principles of Liability in Tort


Liability in tort generally arises when:

  • There is a legal duty
  • That duty is breached
  • The breach causes harm
  • Actual damage is suffered


Fault-based liability is common, but strict liability applies in certain cases.


5. Negligence


5.1 Meaning and Definition


Negligence is the failure to exercise reasonable care, resulting in damage to another person.


📌 Key Case:

  • Blyth v Birmingham WaterworksCo (1856) – Negligence defined using the reasonable person standard.


5.2 Elements of Negligence


To establish negligence, the claimant must prove:

  1. Duty of care
  2. Breach of duty
  3. Causation
  4. Damage


5.3 Standard of Care


The standard applied is that of a reasonable person. Special standards apply to:


5.4 Proof and Burden of Proof


The burden of proof lies on the claimant and is based on the balance of probabilities.


6. Duty of Care


A duty of care exists where harm is reasonably foreseeable and there is proximity between the parties.


📌 Key Cases:

  • Donoghue v Stevenson (1932) – Neighbour principle
  • Caparo Industries plc v Dickman (1990) – Three-stage test


7. Breach of Duty


A breach occurs when the defendant fails to meet the required standard of care.


📌 Relevant Factors:

📌 Key Case:

  • Bolton v Stone (1951)

8. Causation and Remoteness of Damage


Factual Causation


“But-for”test 

  • 📌 Barnett v Chelsea& Kensington Hospital

Legal Causation


Foreseeability of damage

  • 📌 The Wagon Mound (1961)

Novus Actus Interveniens


An intervening act may break the chain of causation.


9. Damage and Types of Loss


Damage must be actual and legally recognizable.


Types of Damage:

📌 Hedley Byrne v Heller – Negligent misstatement.


10. Defences in Tort Law


Common Defences :

📌 Froom v Butcher – Contributory negligence.


11. Intentional Torts


Intentional torts involve deliberate acts.


Examples:

Intent is a key element.


12. Strict Liability


Strict liability applies regardless of fault.


📌 Key Case:

  • Rylands v Fletcher (1868)

Conditions:

13. Product Liability


Manufacturers may be liable for defective products causing harm.


📌 Key Case:

  • Grant v Australian KnittingMills (1936)

14. Vicarious Liability


An employer may be held liable for torts committed by an employee in the course of employment.


📌 Key Case:

  • Lister v Hesley Hall Ltd (2002)

15. Remedies in Tort Law


Damages:

Injunctions


Used to prevent ongoing harm.


16. Tort Law in Zambia


Zambian tort law is based on English common law and local judicial decisions.


📌 Key Cases:

  • Nkhata v Attorney General (2001)
  • Zambia Oxygen Ltd v Mwenya (2005)
  • Jones v Kanoni (2015)

Statutes such as the Tort Law Act and Consumer Protection Act also apply.


17. Relationship Between Tort and Other Areas of Law


Each serves different legal purposes.


18. Importance of Tort Law in Modern Society


Tort law:

  • Protects individuals
  • Promotes safety
  • Encourages accountability
  • Supports social justice

19. Summary and Revision Guide


✔ Tort = civil wrong

✔ Main aim = compensation

✔ Negligence is the most common tort

✔ Case law is essential

✔ Zambian courts rely on common law principles

Next: Contract law


LAW OF TORT/E-cyclopedia Resources by Kateule Sydney is licensed under CC BY-SA 4.0

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