Legal Notes

This action is derivative and would not lie if there was a defense to the action had the deceased lived, if the deceased had agreed not to sue, had been settled (read v great eastern railway corporation) or was statute barred. The plaintiff’s action is for the loss of their breadwinner and so measurement is […]

Defamation is governed by customary law and common law principles. Section 54 of the courts act states that in a dispute between two person’s in Ghana the applicable law would be their personal laws. Customary law Customary law protects reputation and injured feelings- wankyiwaa v wereduwaa Customary law does not draw a distinction between libel

In Wilson & Clyde coal co. ltd v English it was said by Lord Wright that an employer owes a personal duty to his employee to provide a competent staff of men, adequate material and a proper system and effective supervision. Whether an employer owes a duty is a question of fact. However this does

The area of law is negligence specifically liability of the occupier of premise to …………… The obligations of the occupier for damage which occurs on his premises depend on the character of the entrant Lawful visitors Contractual visitor– a person who comes into the premises in pursuance of a contract with the occupier. The duty

The torts to be discussed in this chapter deal with acts done intentionally to cause harm to another’s right to earn a living by wrongful means. They seek to protect the sanctity of contracts and trade generally. For this reason, we have to distinguish between acts done as (1) genuine competition; and (2) pressure which

The area to be explored is general negligence In the case of ALLASAN KOTOKOLI V MORO HAUSA Edusei j stated that for an action of negligence to succeed the plaintiff must prove that there was in existence a duty owed to him, a breach of that duty by the defendant and injury resulting from the

The rule known by this case is considered one of the most important surviving cases of absolute or strict liability in Torts. One, in fact, of the leading examples of circumstances in which the law says a person acts at his own peril, i.e. the law holds you liable for harm caused by your act

1. Mistake Inevitable accident This defence refers to actions where the defendant did not act either intentionally or negligently. Sir Frederic Pollock said of inevitable accident:1 “An accident not avoidable by any such precautions as a reasonable man doing such an act there and then could be expected to take.” The onus of proving that

What is Nuisance? Nuisance may take one of two forms, a public or private nuisance. Public nuisance protects public health, decency, convenience and safety. This in reality is a crime and is taken care of in sections 285-298 of the Criminal Code, 1960 (Act 29). It covers matters such as: (a) selling unwholesome food; (b)

Introduction This tort is concerned essentially with conduct which is an affront to another’s property or title in a chattel. In other words, it seeks to protect a person’s ownership, control and general dominion over them. As Lord Nicholls said in KUWAITI AIRWAYS CORPORATION v. IRAQI AIRWAYS (Nos. 4 & 5) [2002] A.C. 883 at