Hostname: page-component-848d4c4894-tn8tq Total loading time: 0 Render date: 2024-06-26T20:40:34.208Z Has data issue: false hasContentIssue false

Introduction

Published online by Cambridge University Press:  28 July 2009

Extract

Since the day when, in my first year of teaching, I found myself trying to explain the feudal origins of trover to a puzzled class of Sudanese students, I have had occasional flickers of doubt whether the English law of torts has been one of Britain's most appropriate colonial legacies. One journey down the Lagos-Ibadan road should suffice to raise questions about the suitability of the common-law action for negligence as an instrument for compensating for or reducing road accidents in Nigeria; while the amount of damages awarded in some East African personal injuries actions, like the Mercedes Benz, contrasts sharply with the general living standards of the vast majority of the local population. Nevertheless the distinction between libel and slander, and between aggravated and punitive damages, and even some survivals from the Year Books have found their way into the law reports and treatises of some African jurisdictions. The elegant generalities of civilian doctrines of extra-contractual obligation seem, not surprisingly, to have made the transition to warmer climates more smoothly.

Type
Research Article
Copyright
Copyright © School of Oriental and African Studies 1973

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

2 E.g. Muckle v. Sudan Light and Power, Digest (Sudan) 53, see further, infra, p. 71. And cf. Knox-Mawer (1956), 5 I.C.L.Q,. 282, where cases from India and Aden rejecting the distinction are discussed.

3 See Rookes v. Barnard, [1964] A.C. 1129 (per Lord DEVLIN); Kiwanuka v. A.-G.for Uganda, Civil Appeal No. 19 of 1965 (E.A.C.A., Uganda, unreported); Visram and Karsan v. Blatt, 1965 E.A. 789; Hodgin and Veitch (1972), 21 I.C.L.Q. 119.

4 See infra, pp. 69–70.

5 Infra, p. 38.

6 See generally M. Weber, Law in Economy and Society (ed. Rheinstein and Shils), 1954, Chap. 8.

page 2 note 1 A useful general discussion is an unpublished paper by P. Fitzpatrick entitled, “A scheme for accident compensation in Papua New Guinea” (New Guinea Legal Research Council, 1972).

page 2 note 2 E.g. T. G. Ison, The forensic lottery, 1967; P. S. Atiyah, Accidents, compensation and the law, 1970.

page 2 note 3 Infra, pp. 62–63.