Law

Is a binding or practice of a community.

              OR

Is the discipline and profession concerned with the custom, practice and rules of conduct of a community that are recognized as binding by the community.

Sources of law

1. Constitutional law
2. Statutory law 
3. Case law 

Constitutional law

Is a body of law which defines the role , powers, and structure of different entities within a State. Namely

The executive

The parliament

The Legislative

The judiciary as well as a basic rights of citizens.

Statutory Law

A statute- is a written (and published) law that can be enacted in on of two ways. 

Most statute are written and voted into law by the legislative branch of government.

Constitutional law   VS   Statutory Law

1. Superior 1.inferior

 2. Applied to government action 2. Apply 

to & regulate individual or private action.

Other written/published laws that apply to individual are

. Administration laws

Are enacted by administrative agencies designed to regulate in specific areas.. Ordinances laws

A law or decree by a municipality

Case/Common law
These is where judge rule on the facrs of a particular case

PrecedentDecision of the courtDoctrine of stare decisisIs the principle that inferior court will comply when the issue is raised in the future.

Hiearchy of the sources of Law

It start and end  with Constitutional Law. 

Definitions of terms

Judicial preceden:

Is a judgement/decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy.

More flexible than legislative and custom.

Custom:

Is an ancient rule of law for a particular locality as opposed to the common law of the country.

OR

A tradition and widely accepted way of behaving or doing something that is specific to a particular society, place or time.

OR

Is a rule which in a particular family or in a particular district or in a party section, class or tribe , has from long usage obtained the force of law.

Legislation

It’s an act of parliament.

Is a law made by parliament directly in exercise of legislative power conferred upon it by the Constitution.

Statutory interpretation

Interpretation/construction

Is the process of ascertaining the meaning of the letters and expression by the court.

Equity

Is the fair or just in its wider sense.

Its legal meaning is

The rule developed to mitigate the severity of the common law.

Types of Laws

1. Law of tort
2. Contract laws
3. Property laws
4. Criminal laws 

Law of torts

A tort :

Is a situation where someone believe the have been wronged.

E.g : 

-Invasion of privacy

-Damage inflicted

-Losses sustained

-An act of negligence

Tort law

Is a branch of law which covers civil wrongs. E.g 

Defamation & Trespassing among many other transgressions.

         OR

Reffers to specific laws set out to:

1.Determine whether a particular party is liable for harm cause to another party.

2. Determine the amount of compensation owed to the harmed party.

Classification/Categories/Division of Torts Laws

• Negligent torts
• Intentional torts
• Strict liability torts

( Process of litigation of each of them is basically the same)

Negligent torts

Tort arising out negligence.

Civil wrongs caused by negligent behavior or a failure to practice due diligence.

It’s the most common of tort cases.Eg 

Playing soccer in a street and hitting s& breaking living room window.

Elements of negligence to be proven for a lawsuit to be successful

1. Duty/Duty of care
2. Breach
3. Causation
4. Harm

Duty:Is an obligation to either do or not do something that will harm someone else.
Breach/ (break) :

Is where a person or company has a duty of care to another and fails to live up to that standard of care.OR

is when the defendant failed to meet their obligation to the plantiff and therefore put the plantiff ( complaint) in harm’s way.Causation:

Types

1. Actual cause/cause in fact

2. Proximate cause

Actual cause:

It means that “but for” the negligent act or omission of the defendant, the plantiff would not have been harmed.

This is know as “but for” test.Proximate cause:

This requires the natural direct and uninterrupted consequences of a negligent act or omission to be cause of a plantif’s injury. E.g  Dog crossing the road causing accident to driver, driver causing accident to pedestrian.
Harm:

This can be –

Economic e.g Medica cost and loss wages.

Non economic e.g Pain and suffering, extreme emotional distress.

Also can be harm to person’s body, to a family member or to property.

Harm & Causation

They’re like a chicken & an egg they work together and hence without one the other one wI’ll not work alone accordingly.

Harm comes first since without harm there’s no causation , just a duty & breach of that duty . 

Also without causation therlly be no harm too.Intentional torts

Torts which involves a deliberate attempts to harm.

Is a type of tort that occur when a individual intentionally committed a wrongful act causing harm to another individual.

Example of intentional torts

Assault

An attempt to cause harm or an action of a threatening nature.Battery

Is an act of making unwanted , offensive or harmful contact with another person.Fraud

Act of lying or making misrepresentation to another person.Trespass

Use of another person’s property without their permission.Intentional inflection of Emotion distress

An act of frightening another individual , causing severe emotional or menta distress.

Othe example of intentional torts include:

x. Conversion

x. Defamation

x. False imprisonment

x. Interference with the economic operations of company etc.

Strict liability torts

-Tort that cover product liability

E.g 

If a potato peeler takes your finger off when you operate it as directed, the manufacturer could be liable.

-Owning wild animal

-Exceptionally dangerous activities                   Dimension of torts

1. Nuisance ( offense/annoyance/)

Private nuisance-

Is a civil wrong.

It’s unreasonable, unwanted or unlawful use of one’s property in a manner that substantially interferes with enjoyment or use of another individual’s property, without an a ctual trespass or physical inversion to the Land.Public nuisance-

Is a criminal wrong.

It is an act or omission that obstruct , damages or inconveniences the right of community.

2. TrespassIs a direct and forcible injury.

Remedies of Tort Law

• Legal remedies
• Restitution remedies
• Equitable remedies