Law of Torts

Notes

Cases
Resources
Introduction to the Law of Torts

This note provides a basic overview of the law of torts in Ghana. It includes definitions, differences between torts and other wrongs, aims of the law of torts inter alia

Introduction to Trespass to the Person

Provides a basic overview of trespass to the person. Includes definition of trespass to person and the forms of trespass to person.

Assault in Tort

Defines assault, elements of assault in tort, words and assault, and threats and assault.

Battery in Tort

Provides definitions for battery under tort law and the elements of battery

Defences to an Action for Assault and Battery

This note will discuss various defences available to a defendant in an action for assault and battery. The defences to be addressed are self-defence, consent, the principle of necessity, acts of discipline, and contributory negligence.

False Imprisonment

Describes the general principles and exceptions of false imprisonment

Malicious Prosecution

This note discusses malicious prosecution in Tort

Introduction to Trespass to Land

This note will provide an overview of the tort of trespass to land. In doing so, the note will discuss the meaning of trespass to land, what the tort seeks to protect, and highlight the elements of trespass to land.

Elements of Trespass to Land

This note will discuss the elements a plaintiff must establish to exist in an action for trespass to land. The elements to be discussed are: the plaintiff must either be the owner or in possession of the subject matter of trespass (mere possession is enough); there must be a physical interference; there must be a lack of consent; the trespassory act must be voluntary; and the defendant must have acted either negligently or intentionally.

Introduction to Wrongful Interference with Property

This note will briefly discuss the various ways a person's property may be wrongfully interfered with. These ways are trespass to chattels, conversion, and detinue.

Trespass to Chattels as a Wrongful Interference with Property

This note will discuss the meaning of trespass to chattel, what it seeks to protect, and its elements. The elements to be discussed are that: there must be physical interference; the interference must be with something that can be classified as goods or chattels; the plaintiff must have possession of the chattel at the time of the interference; the interference was without lawful authority; and the interference was not accidental.

Conversion as a Wrongful Interference with Property

This note will discuss the meaning of conversion, its various forms, what it seeks to protect, and its elements.

Introduction to the Tort of Negligence

This note will discuss the meaning and elements of the tort of negligence and the burden of proving those elements.

Duty of Care as an Element of Negligence

This note will discuss the meaning of duty of care, the need to establish duty of care in an action for negligence, and how to determine the existence of a duty of care.

Duty of Care towards Rescuers

In this note, we will discuss the meaning of rescuers, the general rule on the duty of care owed to a rescuer, the basis for the general rule, and the exceptions to the general rule.