KAAF UNIVERSITY COLLEGE

FACULTY OF LAW – LAW OF TORTS II (WEEKEND)

TUTORIAL QUESTIONS

1. For purpose of vicarious liability, discuss the principles the courts consider in deciding
whether a relationship of master/servant or employer/employee exists.

2. Discuss the role(s) which the REASONABLE MAN concept plays in the action for
negligence.

3. Kojo Bamboo is a final year student at KAAF University College. For the entire period that
he studied at the university, he usually did his internship with Giggs Consultancy Limited. In
his final year at KAAF University College, he was hired by Giggs Consultancy Limited and
was assigned with the specific role of assisting the secretary of Ohene Breweries Ltd who are
clients of Giggs Consultancy Limited in drafting letters which involve some legalese to their
customers. Kojo Bamboo accepted the role because he was free to work for others and also
had the liberty to determine his working hours. Kojo Bamboo was paid for every letter that he
provided an assistance to draft but was not given any other allowance. On one of such
occasions when he had gone to the premises of Ohene Breweries Ltd to provide the secretary
with assistance in drafting some letters, the secretary, Ivy. made a remark about Kojo
Bamboo’s breath which he did not take kindly took. He therefore gave Ivy a heavy blow and
kicked her in the abdomen.

Ivy is contemplating legal action and has come to consult you. You are also a final year law
student at KAAF University College. With your appreciation of the law on vicarious liability,
discuss whether Giggs Consultancy Limited will be vicariously liable for Kojo Bamboo’s
action. Your answer must reflect decided cases and other relevant authorities.

4. Julio and Saviour are members of the University Superannuation Committee. A discussion
ensued at one of the Committee's Meetings on Wills. Julio asked Saviour whether it was true
that a Will is required only to be in writing and witnessed by two persons. Saviour who is a

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 lecturer in law answered in the affirmative but failed to let Julio know that the two witnesses
have to witness the Will in the presence of each other. Julio went home and prepared his Will.
He invited his friend, Adom, to witness it for him. Later, in the afternoon, he asked his
confidential secretary, Regina, also to sign it. In his Will, Julio left his entire estate worth one
billion United States dollars to the University of Ghana. The Will has failed because of the
improper attestation and Julio's estate has fallen into intestacy. Julio was a prominent
alumnus of the University. Apparently he had once intimated to the Vice-Chancellor that he
will be bequeathing his entire estate to the University. The University got to know the
circumstances surrounding the making of the Will from a tribute that was read at the funeral
of Julio. The University wants to sue Saviour in torts.

Advise the University.

5. The only and most important rule of evidence is ‘Ei incumbit probatio qui dicit non qui
negat’. Discuss

6. Akosua is a fresh graduate from the University of Kumikrom and a newly qualified driver.
She negligently knocks down Kofi Babone who was crossing the road at fireworks junction.
Discuss the liability of Akosua in the following instances:

a. After Kofi Babonye had been knocked down, he was rendered motionless for a while and
bystanders had to come to his aid. One of such ‘good samarithans’ took Kofi’s car key
which had fallen out of his pockets and stole several valuables from his car which had
been parked across the street.

b. Kofi Babone suffered a head injury as a result of the car knocking him down. He later
committed suicide less than three years after the car had knocked him down. From the
autopsy report it was discovered that the suicide was caused by a chronic anxiety
syndrome resulting from the head injury.

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7. Kofi Ntos a legal practitioner of at least 29 years standing at the bar acquired a parcel of land
at Airport Hills for the purpose of building an ultra modern law office which will befit his
standing and achievements at the bar. On one occasion when he was at the site to inspect the
progress of work, the engineer on site, Opana Theo asked Kofi Ntos whether it was true that a
will could be written with a pen and witnessed by at least two persons. Even though Kofi
Ntos answered in the affirmative and gave a copy of the Wills Act, 1971(Act 360) to Opana
Theo, he failed to specifically inform Kofi Theo that any gift given to a beneficiary who is
also a witness will lapse. Soon after Kofi Ntos left the site, the engineer on site, Opana Theo,
took a sheet of paper and wrote down his testamentary wishes with a pen and had same
witnessed by his two children who were twins and had both completed the University with
first class honours in civil engineering. The contents of the will indicated that the entire estate
of Opana Theo worth 51.2 million Ghana Cedis was to be given absolutely to Opana Theo’s
two children. Opana. Theo also informed the children of the content of the will. Following his
death, the gift to the two children lapsed and fell into intestacy because of the position of the
law that gifts made to beneficiaries who are also witnesses ought to lapse. The children are
very bitter and are contemplating a legal action against Kofi Ntos, their later father’s
employer in the law of torts. They have both come to consult you as law student of the
KAAF University College. Advise them by discussing the legal issues involved.

8. “I do not accept that the “HEDLEY BYRNE and such authorities as ROSS v. CAUNTERS
(1980) Ch. 297 establish a general rule that claims in negligence may succeed on proof of
foreseeable economic loss caused by the defendant even where no damage to property and no
proprietary or possessory interest are shown…”

Per Bingham L.J. in SIMAAN GENERAL CONTRACTING CO. v PILKINGTON GLASS

9. Kofi Azonto a final year law student at KAAF University college visits the KAAF Medical
Hospital and was diagnosed of a medical condition which required an urgent surgery. Owing
to the negligence of the medical doctors in carrying out the surgical operation, an some blood
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 which was infected with a deadly virus was used and Kofi Azonto contracted a serious
infection. He was accordingly diagnosed to die within two weeks. Four days after the surgical
operation had been carried out, a car knocked him down on the Tema motorway and he died
on the spot.

With the aid of decided cases and other relevant authorities, discuss any causes of action
disclosed by these set of facts. Endeavor to identify the persons against whom such action(s)
would lie.

10.Banda is a material engineer and also a citizen vigilante who is well-known in the electronic
and print media for commenting on issues of national concern. Tutuskele has been
manufacturing water dispensers for the past 30 years under the name and style “Tsoobi
Refreshing Water Dispenser”. In an article authored by Banda which was widely circulated in
the electronic and print media, he indicated that the chemical composition of the molecules
used in manufacturing the Tsoobi Refreshing Water Dispensers were harmful to human
health. Tutuskele who also read the article but did not publish a rejoinder has noticed that the
patronage of his products has suffered a significant nosedive. Tutuskele who is also a material
engineer of very good standing has scientific reports which show that the chemicals used in
producing his water dispensers are the best, safest and most efficient on the market. He is
therefore contemplating initiating an action against Banda, the citizen vigilante. Advise him.

11.Atta Oko is well-known at Kumikrom for his bacchanalian tendencies. Recently, he became
friends with Ras Popo, a Jamaican expatriate who introduced him to smoking weed. After
Ras Popo left Kumikrom for Jamaica Atta Oko who had become used to living an affluent
life had to find another means of survival since the person on whose largesse he relied had
left for Jamaica. He was hired as a petrol station attendant at Kumikrom by his employers
who knew his bacchanalian tendencies. His employers were also aware that Atta Oko usually
smokes cigarette.

One day while a takner was discharging petrol at the station, Atta Oko was busy sitting down
and smoking cigarette. After Atta Oko had finished smoking he threw the remains of the
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 cigarette stick on the floor which caught fire. All empts to quench the fire by ‘good
samarithans’ proved futile. The staff of the petrol station who were trapped in an office could
not get out of the office. Nuumo a passer by who heard the screams of the workers rushed to
the scene and attempted to rescue the victims. When cautioned not to proceed because the fire
was uncontrollable, he indicated that he hails from Jakplakpa and was therefore fortified
against fire burns. He therefore chanted a few words mentioned La Kpa 10 times and
proceeded to enter the offices amidst claps and cheers. Nuumo managed to rescue the staff
from the office. Nuumo and the staff were heavily burnt by the fire but there were no
fatalities. The Kumikrom Community Hospital had sent their only ambulance which had
faulty brakes to the petrol station in their quest to save life and limb. The driver of the
ambulance en route the petrol station was involved in an accident as a result of his failure to
keep a proper look out. Natasha, a final year student of the Kumikrom University who was
on her way to write a final exams was badly injured as a result of the accident.

Discuss the liablity of the owners of the petrol station, Atta Oko and the Kumikrom Hospital
authorities. Your answer must reflect decided cases and other relevant authorities.

12.With the aid of decided cases and other relevant authorities, discusss at least four (4)
differences and similarities between the customary law and common law rules on defamation.

13.It has been argued in some legal circles that the law on defamation operates as an inhibition
to the fundamental freedom of expression which is guaranteed under Chapter 5 of the 1992
Constitution of Ghana. What is common in all of such legal circles is the admission that the
protection of the fundamental human right of expression as well as the rules of defamation
are both relevant towards the maintenance of law and order in a democratic polity as Ghana.

Critically appraise the law on the subject matter and discuss how the legal regimes
governing the recognition of fundamental human rights on the one hand and the rules
regulating defamation on the other hand may be reconciled.

14.Nana Adwoa who is her final year at the University of Ghana has been given a mansion at
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 East Legon where she is to reside and have her peace of mind to study and pass with flying
colours. Upon moving into the house she noticed that many people that live around the house
used a portion of the land a short-cut to a nearby grocery shop. She inquired from her father
who confirmed that he was fully aware of that. Her father further indicated the act has been
going on for the past 3 years and that he was not in support of it. On the blindside of her dad,
Nana Adwoa dug a big hole in the middle of the path on her father’s land through which the
people used to pass to the grocery shop. This hole is very visible to the eye. On one holiday,
Edward who was celebrating his birthday was in a haste to get some items from the grocery
shop and so passed through the well-known short-cut and fell in the hole and broke his leg.

Edward is contemplating initiating an action against Nana Adwoa and her father in
torts. Apprise him of the legal issues that arise from this set of facts.

15. What is the distinction between libel and slander? Answer with the aid of decided cases and
other relevant authorities.

16.“There is no distinction between the tort of private and public nuisance.” Discuss.

17.Consider whether publication can be established in the following situations:

a. Kofi received a letter in a sealed envelope that was sent by Ama his ex-lover. The letter
was opened and read by Kofi’s wife.

b. Would your answer in (a) be different if it was Kofi’s confidential secretary that open and
read the letter?

c. You defame a political opponent in your book. This book is bought and circulated by a
lending library.
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 d. A defamatory letter defaming Kofi, an illiterate, is written in English and sent to him via
post. He gives the letter to his precocious 5 year old child reads and interprets the content
of the letter to Kofi his father.

e. You write a letter to the circuit court judge at Abura Dunkwa accusing him of sleeping
female accused persons who appear before him before setting them free. The circuit court
judge shows this letter to the chief justice.

18.With the aid of decided cases and relevant authorities explain the Polemis Rule and Wagon
Mound rules highlighting on their respective importance to the law of negligence.

19.What is the rule in Rylands v Fletcher? Is it a tort of strict liability? Discuss

20.ARTAJE

21.Willow bakes and sells assorted cupcakes. She sells them from home because she cannot
afford to rent a shop now. She is also fascinated by colorful snakes. After overcoming her
own fear of snakes, she began keeping them as pets in cages. Her last addition, the Easter
Corn snake has been with her for three years. Occasionally, some of the snakes escape
through some small holes in the cage and whenever they escape, they threaten to attack
Willow’s children. However, none of the children has ever been bitten by any of the snakes.
During the election period, Don Wanabe decided to go and buy some of the cakes from
Willow. Don Wanabe did not announce his visit to the premises to purchase the cupcakes
because the gates to the house are always open. Instead, he walked right in. Just as he got to
the middle of the compound, Don Wanabe was attacked by one of the snakes. He was rushed
to the hospital and he received treatment. Even though he has recovered, he has now been
permanently rendered impotent and his wife, Lady Cee has left him.

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 Does Don Wanabe have any cause of action in torts against Willow? Advise him.

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