Ghana School of Law PLC: Law of Torts (GLC) study materials
Ghana School of Law PLC: Law of Torts (GLC) study resources

Ghana School of Law PLC: Law of Torts (GLC) study guide

Ghana School of Law PLC: Law of Torts (GLC) · Work through your exam, one topic at a time.

Law of Torts is one of the core substantive papers in the Ghana School of Law's Professional Law Course, the vocational stage that Ghanaian law graduates must complete before being called to the Bar. The paper is for LLB graduates who already know the black-letter rules and now need to apply them the way a practitioner does: to a client's facts, under time pressure, in the Ghanaian legal setting. The Ghana School of Law PLC: Law of Torts (GLC) study guide has 12 sections and about 5,663 words.

01

Introduction, Aims of Tort Law, and Tort Distinguished from Crime and Contract

This opening domain is where examiners test classification: can you say what tort law is for, and can you put a problem into the correct cause of action before you analyse its elements? Most lost marks here come from candidates who start writing about negligence in answer to a question about the nature of tortious liability.

509 words, about 3 min
02

Negligence: Duty of Care, the Neighbour Principle and the Caparo Test

Duty of care questions examine whether the defendant was ever in a relationship of responsibility towards this claimant at all, before you discuss how carelessly he behaved. Donoghue v Stevenson established that a manufacturer owes a duty to the ultimate consumer of a product even without a contract.

428 words, about 2 min
03

Negligence: Breach of Duty and the Reasonable Person Standard

Breach asks whether the defendant's conduct fell below the standard of the hypothetical reasonable person - not whether harm occurred, and not whether the defendant meant well. Blyth v Birmingham Waterworks defines negligence as doing what a reasonable person would not do, or omitting what he would do.

461 words, about 2 min
04

Negligence: Causation, Remoteness and the Wagon Mound Principle

This domain separates two questions examiners love to conflate: did the defendant's breach actually cause the damage (causation in fact), and if so, is that damage close enough in law (remoteness)? But-for test : would the damage have occurred anyway?

433 words, about 2 min
05

Defences to Negligence: Contributory Negligence, Volenti and Illegality

Defences questions examine whether liability, once established, should be reduced or extinguished. Each defence operates at a different level, and examiners penalise candidates who run them as if interchangeable.

494 words, about 2 min
06

Occupiers' Liability to Entrants and Trespassers

Occupiers' liability questions test two things: whether the defendant is an occupier at all, and what standard of care was owed to the particular entrant. Occupier is a question of control, not ownership (Wheat v Lacon).

502 words, about 3 min
07

Employers' Liability and Vicarious Liability

Two distinct liabilities appear here, and examiners withhold marks from candidates who merge them: the employer's own personal duty to his workforce, and vicarious liability for wrongs of employees towards third parties. Wilson and Clyde Coal Co v English established four non-delegable duties: Competent staff : safe recruitment and supervision.

470 words, about 2 min
08

Trespass to the Person: Assault, Battery and False Imprisonment

Trespass to the person protects bodily integrity and liberty. It is actionable without proof of actual damage, which is why it suits claimants whose injury is dignitary rather than financial.

473 words, about 2 min
09

Trespass to Land and Interference with Goods

This domain protects possession rather than ownership, and examiners test whether you can identify the correct action for the interference described. An unjustified, direct entry onto land in the possession of another.

485 words, about 2 min
10

Nuisance: Private, Public and the Rule in Rylands v Fletcher

Nuisance protects the use and enjoyment of land; Rylands v Fletcher imposes strict liability for escapes from land. The examination skill is choosing between them and stating the correct elements.

479 words, about 2 min
11

Defamation and the Protection of Reputation

Defamation protects reputation. Questions usually turn on meaning, identification, publication and then the defences, and examiners expect you to handle each element in order.

451 words, about 2 min
12

Remedies: Damages, Remoteness, Mitigation and Injunctions

Remedies questions test whether you can quantify loss and choose the right remedy, rather than whether liability exists at all. Damages aim to put the claimant in the position he would have occupied but for the tort.

478 words, about 2 min