UNIVERSITY OF GHANA

(All rights reserved)

SCHOOL OF LAW
SEMESTER 2021/2022
ACADEMIC YEAR
COURSE SYLLABUS

FLAW 208/318 LAW OF TORTS II

3 Credits

Lecture Period(s) and Venue: Mondays -Tuesdays 3:30- 5:30pm

Course Instructor(s)

Name: Dr Atupare(Co-ordinator)
Office Location: School of Law (Second Floor)
Office Hours: By Appointment
E-mail: paatupare@ug.edu.gh

Name: Sir. Prof. Kofi Kumado

Office Location: School of Law (Ground Floor )
Office Hours: By appointment

Name: Mr Kwame Gyan

Office Location: School of Law (Second Floor)
Office Hours: By appointment
E-mail: kgyan@ug.edu.gh

Name: Dr Kweku Ainuson

Office Location: School of Law( Second Floor)
Office Hours: By appointment
E-mail: kainuson@ug.edu.gh

Name: Ms Rachel Haizel

Office Location: School of Law (Second Floor)
Office Hours: By appointment
E-mail : rhaizel@ug.edu.gh

Introduction/Subject or Course Overview

This course will consider negligence and defamation in the law of torts. This course will discuss two main
topics: 1) negligence and (2) Defamation. It introduces students to the basis for liability in the tort of
negligence and considers the situations where the law will recognize the existence a duty of care, breach
of a duty of care and damages arising from the breach. It will also examine the specific negligence actions
which deal with situations where the law has already established a duty of or has provided conditions for
holding that a duty of care exists. The course discusses the two defences in the torts of negligence
namely; contributory negligence and volenti non fit injuria. The course will then examine the three legal
regimes under which the tort of defamation operates in Ghana and the critical issues embedded in these
legal rules.

Course Objective/Goals:
The course will:
a. Provide an in-depth understanding of the nature and evolution of the tort of negligence
b. identify, recognize and examine how policy considerations influence legal rules in the
determination of the existence and limits of duty of care in negligence cases
c. critically assess and evaluate the inroads made by statutes into the law of torts
d. consider the interactions between the three legal regimes for the protection of reputation in Ghana

Learning Outcomes
On completion of the course, students should be able to:
a. Understand the historical evolution of the tort of negligence and the present state of the law
b. Analyze and critically evaluate the use of public policy by judges in the formulation of legal rules
c. Appreciate and recognize torts not just as abstract legal constructs and principles but real life events
as they occur or as presented in the normal course of life by examining human interactions using
the lens of torts law
d. Suggest appropriate rules for the protection of reputation in Ghana

Course Delivery (optional): Lectures, presentations, and tutorial discussions.

Plagiarism policy
Plagiarism in any form is unacceptable and shall be treated as a serious offence. Appropriate
sanctions, as stipulated in the Plagiarism Policy, will be applied when students are found to have
violated the Plagiarism policy. The policy is available at http://www.ug.edu.gh/aqau/policies-­‐
guidelines. ALL students are expected to familiarize themselves with the contents of the Policy.

Assessment and Grading (as applicable)

Mid-­‐Semester Exam 50%
Final Exam 50%

Grading Scale:
Refer to Undergraduate Handbook

Reading List /Required Text

1.
COURSE DELIVERY SCHEDULE
SEMESTER 2
 TOPICS READINGS
Lecture 1 General Negligence: Principles: References
Winfield And Jolowicz on Tort: Chs. 5,6 &7.
In this lecture, we will examine the general Street: The Law of Torts (7
principles of the tort of negligence. The discussion Th ed.), Chs. 7,8,9.
will focus on the three constituent elements of the Heuston: Salmond on-the-Law of Torts (17th
tort of negligence: Duty of care, Breach and ed.), Ch.9.
damage. The course will enquire into the evolution C.D. Baker: Tort (2nd ed.) Chs. 6-10 (i.e.
of the tort of negligence and the factors the courts pp.67-141)
take into consideration in imposing a duty of care. Dias v. Markesinis, Tort Law, Introduction
The lecture will also probe into how policy pp.15-31.
considerations influence judges in ascertaining the Prosser on Torts, Chs. 4-6, 10 &12.
existence of a duty of care. The standard of care andKumado, Chap 18, 19, 20, 21
issues of evidence and procedure in negligence will
be thoroughly examined. The court will also Articles
review the scope and limits of defences available to Symmons: The Duty of care in Negligence,
the defendant. (1971) 34 M.L.R. 394
Atiyah: Negligence and Economic Loss, (1967)
83 L.Q.R. 248.
Fleming James: Limitations on Liability
for Economic Loss caused by
Negligence, (1972) 12 J.S.P.T.L. 105.
Bannerman: Negligence – The Reasonable
Man and the application of the
objective Test in Anglo-American
Jurisprudence, (1969) 6 UGLJ 69.
Fiadjoe: Failing to Plead “Res ipsa Loquitur”,
(1970) 2 RGL 73.
Obeng-manu: Res ipsa loquitur – Exposition
and Critique, (1973) 10 UGLJ. 56.
Atiyah: Res ipsa loquitur in England and
Australia, (1972) 35 MLR. 337

Cases
Allasan Kotokoli v. Moro Hausa (Hand Out)
Haynes v. Harwood, (1935)
Donoghue v. Stevenson (1932) A.C. 562
Mcloughlin v. Obrien, (1982) 2 All E.R. 298;
(1983) 1 AC 410; (1991) 3 WLR 105
Hedley Byrne v. Heller & Partners, [1963] 2 All
E.R. 575.

Lecture 2 Specific Negligence Actions: Product Liability References

or Negligence in relation to chattels Street, pp. 167-175.
The lecture will examine specific negligence Baker, pp. 159-162
actions where the law recognises the duty of care. Jones, pp. 367-378
The lecture will throw light on the liability of a Kumado, Ch. 24; pp. 197-203
manufacturer of products which causes injuries to
consumers. The scope and nature of the liability Statutes
will be determined and concept such as Sale of Goods Act, 1962 (Act.137)
“consumer” “want of reasonable care” “product”
will be explained Case
Donoghue v. Stevenson [1932] AC 562
Lecture 3 Specific Negligence Actions: Occupier’s References
Liability or Negligence in relation to premises Kumado Ch. 23; pp. 187-19

An examination of the various obligations or the

duty of an occupier to an entrant. It draws a Articles
distinction between lawful and unlawful visitors Krapa, The Duties of an Occupier to Entrants:
and the duty owed to such visitors. The nature or When does the Danger Cease to be
character of the entrants: contractual visitors, Dangerous? (2015) 7 UGLSJ 1
invitees, licencees, and persons entering as of right.
The scope and limit of the duty will also be
examined. It also discusses the relationship
between the trespasser and the occupier and the
duty of common humanity
Lecture 4 Specific Negligence Actions: Liability for References
Statements: Negligent misstatement and deceit Street, Ch.10
Baker, pp. 71-78
This topic examines the constituent elements for Kumado, Ch. 25; pp. 204-220
the torts of deceit and the nature of the remedies the
law provides for victims. It also discusses the tort Articles
of negligent misstatement. It focuses on the Weir, Liability for Syntax, (1963) C.L.J.216.
evolution of the tort of negligent misstatement and Gordon, 38 Australian Law Journal 39
critically examines the case law which J.B.K.Rickford (1971) 34 M.L.R.328.
revolutionised this branch of law. It also examines A.L.Goodhart (1971) 87 L.Q.R.147.
the circumstances in which the law will impose a
duty of care and the factors the courts take into
consideration in recognising the existence of a duty
of care. The liability of professionals including
barristers and solicitors will be examined and a
difference between Ghanaian law and the common
law on the liability of solicitors and barristers.
Lecture 5 Specific Negligence Actions: Duty to Employees Reference
Vicarious Liability to Third Parties Kumado, Chapter 22
In this lecture, we examine the duty of care an
Statutes
employer owes to his employees at common law.
The Labour Act, 2005 (Act 651)
The lecture will probe into the nature, scope and
The Factories, Offices & Shop Act, 328 as
limits of the common law duty of care. The amended by P.N.D.C.L. 66
statutory duties imposed on the employer will also
be examined. The discussion will delve into the
test for determining who an employee is and the
applicability of those tests in the light of remote
working. This lecture will also examine the duty
of an employer to third parties for tortious acts of
his employees. The lecture will discuss the basis
of this liability and the limits of the application of
this rule.
Lecture 6 Death in Relation to Torts Baker, Chapter 28
This lecture will explore the effect of death in the Street, Chapter 26
law of torts. It makes an enquire into how death Kumado, Chapter 26; pp 221-232
creates and extinguishes liability in the law of torts.
It will examine the statutory interventions in Statutes
relation to death in relation to torts and how the Civil Liability Ac 1963 (Act 176).
Ghanaian position differs from the common law
position

Lecture 7 Defamation References

Fleming, Law of Torts, pp. 194-207.
This lecture examines the legal protection for a Baker, Ch. 21
person’s reputation in Ghana- the constitution Street, Ch. 16 & 17
1992, the common law and the customary law. It Date-Bah, Reflections on the Law of
presents the distinction between these regimes, the Defamation in Ghana, (1973) 10 U.G L.J.
scope and the governing rules and principles. It also 129
draws the distinction between libel and slander and Veeder, History and theory of the Law of
the relevance of such distinction in the modern law Defamation, (1903) 3 Col. L. Rev.
of torts. The course further discusses the 546
constituent elements of the torts of defamation and Kumado, Chapter 27; pp. 233-255
the defences to an action in defamation.
Statutes
High Court (Civil Procedure) Rules, 2004 (C.I.
47), Order