Day: September 16, 2020

Defences available to an occupier sued by a person injured within occupiers premises That the accident was due to the negligence of an independent contractor. That he had given warning signs. That the person was a trespasser. That the injured Read More …

Legal principle in this case is strict liability (Ryland V Fletcher) Anyone who brings or collects anything on his land which is likely to do harm if it escapes must keep it at his own risk otherwise he will be Read More …

Negligence Means the breach of a legal duty of care which results in loss/damage, undesired by the defendant, to the plaintiff For a person to succeed in a suit for negligence, he must prove the following;- That the defendant owed Read More …

Damnum sine injuria Means loss without a infringement of legal right It is loss which does not give rise to an action for damages against the person causing it.

Two classifications of damages are: Ordinary or general damages – These are restricted to the proximate consequences of breach of contract and remote consequences are not generally regarded. Special damages – These do not arise naturally from breach of contract, Read More …

Distinction between tort and contract Contract Tort ·         In contract, the duties are fixed by the parties themselves. ·         A contract necessitates privity between the parties. ·         The duty is owed to definite person or persons ·         Damages for breach Read More …