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STUDY MANUAL
OLW 204
LAW OF TORTS
UNIT ONE
By:
Ibrahim H. Juma
Faculty of Law, University of Dar es Salaam.
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ABBREVIATIONS
AC Appeal
Cases
All ER Rep. All England Reports Reprint
All ER All England Reports
App. Cas. Law Reports, Appeal Cases
BLR Buffalo Law Review
CBR Canadian Bar Review
Ch. Law Reports, Chancery
CLJ Cambridge Law Journal
CLP Current
Legal
Problems
CLR Commonwealth Law Reports, Australia
DLR Dominion Law Reports, Canada
EA
East African Law Report
EACA Eastern Africa Court of Appeal (Reports)
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ER English
Reports
HCD High Court Digest
HLR Harvard Law Review
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ICLQ International and Comparative Law Quarterly
KB
King's Bench (Law Reports)
LQR Law Quarterly Review
LRT Law Report of Tanzania
MLR Modern Law Review
QB Queen's
Bench
QBD Queen's Bench Division
TLR (R)
Tanganyika Law Reports (Revised editions)
TLR Times Law Reports
WLR Weekly Law Reports
ZLR Zanzibar Law Reports
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Preface
I am writing THREE UNITS of the Law of Tort with great trepidation. I fear for
students who will take this Manual to be a HOLY BOOK OF TORT by so much
confining themselves only to the contents of Study Manuals. University
education is designed to produce independent thinking professionals who are
prepared to take up leadership positions in the society. University graduates
must always solve societal problems and think independently. You can only
form an objective opinion on a subject if you expose youselves to as many points
of views as you possibly can. You must read Standard Textbooks, Law Reports
and Scholarly Articles on Law of Torts. Trace historical development of
concepts and principles. Investigate reasons or rationale behind a given
principle of law. There is no short cut to being a good lawyer.
This Study Manual will hardly cover all basic knowledge on the Law of Tort
expected of an average law student. You should be a prolific and avid reader.
Read, swim or otherwise surf through all the Tort Textbooks, Case Law,
Statutes and Articles shown in your Course Outline. These will not only enrich
your understanding of the various aspects of the Law of Tort, but will also give
you as many points of view as possible. You should never allow your minds and
horizon to be imprisoned by this Study Manual.
This Study Manual attempts to supplement many texts and cases which any
average student will be expected to read. The Manual should be used as a
minimal supplementary reading to standard Law Textbooks, Law Reports,
Articles and Commentaries abound in libraries and bookstores. Always bear in
mind that the basic aim of this Study Manual is to arouse in your minds an
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intelligent interest in the Law of Tort and in the unfamiliar art of interpreting
Case Law or Judge Made Law.
Purposes of the Law of Tort
In your Criminal Law Lectures you were guided through the aims and purposes
of Criminal Law. You observed the role of the State/ Republic in the conduct of
criminal proceedings. Law of Torts is an entirely different and interesting
subject. In the Law of Tort you will be concerned with conflicting interests
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