20 Jan

TORT 2.1A LIABILITY FOR ANIMALS

Topic One: LIABILITY FOR ANIMALS. This subject of tort exposes us to the conception that man can keep animal(s) but he keeps such animal(s) at his peril and must reasonably ensure that they do not harm others. Just note the following: :: Who is a keeper? He/she is one who owns or takes care of […]

20 Jan

TORT 2.1B LIABILITY FOR ANIMALS (DEFENCES)

LIABILITY FOR ANIMALS; DEFENCES Fault of the plaintiff: e.g. In Sycamore V Ley, the plaintiff was held to be at fault where he was teasing the dog. In Nelmes V Chief Constable of Avon and Somerset, no damages where it was the plaintiff (claimant) that kicked the dog which then bit him. Also the plaintiff […]

20 Jan

TORT 2.2A STRICT LIABILITY (RYLANDS V FLETCHER)

TOPIC TWO: STRICT LIABILITY: THE RULE IN RYLANDS V FLETCHER. In Rylands V Fletcher, the defendant employed an independent contractor to build a reservoir on his land. While working, the contractors discovered a series of coal shafts (which unknown to them linked to the plaintiff’s land) which were loosely covered by debris, they did not […]

20 Jan

TORT 2.2B STRICT LIABILITY DEFENCES

We move on to: DEFENCES: The defendant can plead/claim that: :: The Plaintiff (i.e. claimant/injured party) is at fault or is contributorily negligent. See Pointing V Noakes (above) :: Consent/authorization of the claimant/plaintiff. :: The escape and damage was unforeseeable, incomprehensible not self-induced. i.e. an Act of nature: like floods, storm, hurricane and so on […]

20 Jan

TORT 2.2C STRICT LIABILITY DISTINGUISHED

THE STRICT LIABILITY RULE IN RYLANDS V FLETCHER  DISTINGUISHED FROM NUISANCE. The rule may be confused with nuisance. Nuisance (which is discussed in chapter 4 of this work) can be defined as conduct which substantially interferes with the convenience, comfort and health of the plaintiff (or the public as the case may be). For now, […]

20 Jan

TORT 2.3A OCCUPIER’S LIABILITY

TOPIC THREE: OCCUPIER’S LIABILITY. Lord Denning’s Dictum and Judgment in Wheat V E Lacon and Co are extremely useful for this topic. In Wheat v. Lacon, the claimant and her husband went on vacation and lodged in a house. The husband fell and broke his neck while coming down the stairs. The claimant brought an […]

20 Jan

TORT 2.3B OCCUPIER’S LIABILITY UNDER COMMON LAW

THE COMMON-LAW POSITION. At common law, entrants (i.e. persons that come into the premises of the occupier) were classified into: Independent Contractors: Those who came in pursuance of a contract with the occupier. Invitees: a person invited by the occupier for their mutual benefit. For example hotel, supermarket, restaurants, and so on. Licensees: A person […]

20 Jan

TORT 2.3C OCCUPIER’S LIABILITY UNDER STATUTE

We move on to THE POSITION UNDER STATUE. The English Occupier’s Act 1957 did not protect trespassers. However other statutes like the Occupier’s Liability Act 1984 preserves the common duty of care and the principle formulated in BRB V Herrington (above). i.e. higher duty is owed to child entrants). Under Section 7(2) Law Reform (Tort […]

20 Jan

TORT 2.3D OCCUPIERS LIABILITY (DEFENCES)

DEFENCES. I.E. the Common Duty of Care can be extinguished in the following situations: – Where the occupier has put sufficient and apparent notice and warning of the danger inherent in his property. (A higher degree is needed for child trespassers). – Where the visitor does not keep within his bounds. Section 8 Lagos Law. […]

20 Jan

TORT 2.4A NUISANCE (INTRODUCTION)

TOPIC FOUR: NUISANCE (Latin nocentia or nocumentum) The law seeks to balance the competing claims of individuals to enjoy their land and the right of others not to be disturbed-Oputa J in Moore V Nnado. Nuisance generally connotes something irritating, annoying, etc. but don’t be carried away. In Legal parlance, nuisance is any continuous and […]

20 Jan

TORT 2.4B PUBLIC NUISANCE

PUBLIC NUISANCE. These are activities which threaten the health, convenience, morality, safety and welfare of a community rather than an individual or the whole country. For example keeping deceased animals, obstruction of highway-See Section 234 of the Criminal Code, Section 192 and 193 of the Penal Code and so on. Lord Denning in AG V […]