a:\topic1 STUDY MANUAL OLW 204 LAW OF TORTS UNIT ONE By: Ibrahim H. Juma Faculty of Law, University of Dar es Salaam.
2 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)
3 ER English Reports HCD High Court Digest HLR Harvard Law Review
4 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
5 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
6 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
