Nachibanga, Kahumbu (2006) An Examination of the Law of Negligence in Zambia with Emphasis on the Neighbour Principle, To What Extent is it being applied? Masters thesis, University of Zambia.
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Abstract
Duty is owed to anyone who is your neighbour. The rule that you are to love your neighbour becomes in law you must not injure your neighbour and the lawyer's question, who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have then in contemplation as being so affected when I am directing my mind to acts or omissions that are caZZed in question. (Per Lord Atkin in Donoghue V Stevenson. (1932 Ac. 562). The quotation above is what formulates the law of negligence. This is called the "Neighbour Principle." This principle highlights the importance of avoiding injuring your neighbour and explains who a neighbour in law is. From this principle it is clear that a neighbour can be anyone who is likely to be injured by your actions. It is therefore important that people became aware of the circumstances under which they may owe a duty to a neighbour inorder to avoid liability. This shall be the main focus of this essay. Chapter one of this essay shall discuss the law of negligence in general, that is the ingredients that make up the tort of negligence. This chapter will discuss who a neighbour is, the duty of care and the standard of care. Chapter two shall discuss the ways in which liability in negligence may anse. In this chapter what will be focused on is employer's liability, liability of manufacturers, retailers and wholesalers to consumers for defects in products and liability of motorists. Chapter three will discuss liability in negligence further. What will be discussed is liability for dangerous processes, liability for damage caused by animals and liability of persons professing some special skill. Chapter four discusses the response of the Zambian courts to negligence in Zambia. Lastly chapter five gIves a conclusion to the whole essay and further makes recommendations in light of making people more aware of the neighbour principle inorder for them to perform the duties they may owe in various circumstances.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Geoffrey Obatsa |
| Date Deposited: | 15 Feb 2019 11:09 |
| Last Modified: | 15 Feb 2019 11:09 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/9018 |
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