úê~ò&ÒM—žtsÇûÛ¹ûíøh¨E0á‡IÁW—ÂÆ~aGñræG[°•7QîÂñ8a¸ÁØÖ ð•:ì˜HøLH'Hèë9¬3û0uœÓO(îÓë7ˆT8\äHæ+î„ monetary compensation. Click on the links below to read the relevant lecture notes that will assist you with your law studies. English law of contract to apply in Kenya (1) Save as may be provided by any written law for the time being in force, ... note thereof, is in writing and signed by the party to be charged therewith or ... commission of a tort). Statutory Authority and Planning Permission. Group 1 –Torts Tortis conduct that harms other people or their property. consent, mistake, necessity, cont…, 92% found this document useful (26 votes), 92% found this document useful, Mark this document as useful, 8% found this document not useful, Mark this document as not useful, There are two types of civil wrongs, and we l, arising from a breach of contract. this is called an “Unspecified amount claim”). the wronged person can approach the wrongdoer and make their own agreement as to how the infringement should be addressed If any wrong happens, people can recover their position … Praful Kumar Mahanta (A.I.R. Introduction to Law. He has taught torts, intellectual property, sales, entertainment law, media law, sports law, employment law, and writing courses. negligence, etc. The theory argues that the law should be a law of, specific, existing, torts (e.g. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> the order of compensation is given for malicious prosecution under the law of torts, and in S.N.M. The damages sought would be, unliquidated damages, i.e. Mobile Repairing Course in Delhi Mobile Repairing Institute in Delhi In 1065 England was conquered by Normans, who were the french-speaking people of Normandy, a region of France. There are several ways to find content in the Laws of Kenya database. Specific torts of: damage was as a result of A‟s carelessness, the tort of negligence and B will be able to. Law and morality. Business law KNEC Diploma has the following Topics covered. It is a private wrong against a person for which the injured person may recover damages, i.e. Abdi V/s. It is believed that harm to an individual is equivalent to society. This is necessary because Customary Law was treated differently during different historical time. One is, springs from the Latin “Tortus” meaning “twisted” or,  A “Tort” signifies a “wrong” recognised by law. 2 0 obj In law, tort denotes certain civil wrongs. and the remedies available for breaches. stream It can include intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things. endobj The state controls serious crimes like murder, robbery, burglary etc. The second, Like a breach of contract, the breach of a legal duty is, remedied by a civil action. LPR 106: CONSTITUTIONAL LAW I Constitutional theory; the nature and place of the constitution in a legal system generally, and in the Kenyan legal system in particular, types of Constitutions, theoretical concepts in It has long been the case that there is no liability for doing something which Parliament has permitted (provided is done without negligence). Academia.edu is a platform for academics to share research papers. 3 0 obj A protected interest gives rise to a legal right, which in turn gives rise to a corresponding legal duty. The concept of vicarious liability is founded on ... Write explanatory notes on law society of Kenya. Meaning of law. This search type loads first when the Laws of Kenya is launched. Law on Tort Definition of Tort- ... Law Of Torts Notes. Thank you for sharing the information, the article is very interesting to read and may be useful for everything. notes on property law in kenya INTRODUCTION Proprietary rights are defined as a right that is part of a person’s estate, assets, or property, as opposed to a right arising from the person’s legal status. Answers (1) Write explanatory notes on duties or … 215 M.P.) During the […] Law of torts came to India through England. He has twice been selected by students as the keynote speaker for UND Law’s graduation banquet. Tort law doctrine of respondeat superior holds employer liable for the torts of an employee; while taxation statutes require employers to deduct certain taxes from wages/salaries to employees Various tests formulated to establish existence of a contract of service under Kenya law consent, mistake, necessity, contributory negligence etc. Kenya Tort law is a branch of the law which covers civil wrongs, such as defamation and trespassing, among many other transgressions. DOCX, PDF, TXT or read online from Scribd, This Booklet deals with the law of torts in Kenya. I have sustained injuries so I should be more careful from the next time. endobj  A drives his car carelessly with the result. Written by the author of the best-selling Examples & Explanations study guide for Civil Procedure, Examples & Explanations: The Law of Torts, Fourth Edition, presents a succinct overview of Torts with Joseph W. Glannon's famous combination of humor, wit, and penetrating clarity. The injured party may sue the wrongdoer (tortfeasor) to recover damages to compensate for the harm or loss incurred. Then came colonialism and with the introduction of such things as the region law – common law, equity, statues, -they had profound impact on Customary Law. Notes on Remedies Under Law Of Torts A). Spread the loveNegligence is a failure to care for someone like that a reasonably prudent person would exercise in similar circumstances. This Booklet deals with the law of torts in Kenya. Replies. damages, the amount of,  which would be fixed by the court (in cou. The damage must be caused by the fault of the defendant. The law of tort is an instrument to enforce reasonable behavior and respect the rights and interests of one another. those defences which will completely defeat. <> Reply Delete. Isn’t it? On March 14th 1978, Kenya adopted the convention on the law applicable to agency. The remedies that are available if successful. Negligence, Nuisance (both. %PDF-1.5 A tort, in common law jurisdiction, is a civil wrong (other than breach of contract) that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Is there anyone who could be blamed for this? The default search that is supplied to you is to search by Act Name. In Allen v Gulf Oil refinery, the Defendant built a refinery Read more → The law takes this even one step further: under intentional tort law, if you frighten someone by swinging your arms toward the tip of her nose, you may have committed the tort of assault, even if … Concepts include: The Cap/Act Number search … 2. 6, c. 40) The whole Act: Provided that the The application of customary law in Kenya requires the development of Kenyan legal system. The word “Tort” is an unusual one and conveys little, meaning to the layperson. Foreseeability and necessary implication will not suffice. endobj An overview of tort law. An overview of tort law including free notes, case summaries, and helpful past papers and questions. refer to a promise or a set of the same that can be enforced legally if any of the parties involved violates It has two root sources. Under tort law, if someone suffers a physical, legal, or economic harm, he or she may be entitled to bring suit. of North Dakota. A Brief Outline of Torts Law in Kenya @Corporate Infolink Consultancy Charles Mwaura Kamau Rule Rylands v Fletcher Blackburn J defined the rule as: A person who, for his own purposes, brings onto land and keeps there anything likely to do mischief if it escapes, must do so at his peril, and, if he does not do so, he is prima facie answerable for all damage which is the natural consequence of its escape Prerequisites of the operation of the rule … Cap 23 Laws of Kenya is the law that governs Agency law in Kenya. <> These are all the available lecture notes in this section. No, ther… Sources … It can be, differentiated from a “crime” (which is also a “wrong” in, The “general defences” available to a claim in Tort, (i.e. Defences including: – In economic torts, by contrast, harm to the claimant must be a goal or purpose of the action of the tortfeasor – at worst, it must be a necessary means to the intended goal. Concepts include: Significance of law. Current issues on the law of Tort in Kenya. Trespass, negligence, false imprisonment Law of Torts deals with civil wrong. Defences including: You can search by Act Name, Act Number/Cap Number or by Full Text Search, or browse using the Table of Contents. 2002 Orissa 75), the order of compensation is given for different republication under the law of torts. As the old saying goes, “Your right to swing your arm ends at the tip of my nose.”. Discover everything Scribd has to offer, including books and audiobooks from major publishers. Äz>>À8\>»"øIä„2ð¥0(‡+™}„¿¼Iä^x‚»w(øàB»ÆÁ³[O¹Ÿ¯5 î‘_û,¸—1àAnËÄÈ8¡¯AôÐY. But what can you do? 2002, N.O.C. Reply. This happens every now and then especially in a country like India. Manak Chand (A.I.R. One moment you are walking on the road and the other you slip into the pit left open by the Municipal Corporation. To search simply type in the name of the act you are interested in and click Search. His writing on legal pedagogy has appeared in the Journal of Legal Education. JUDICIAL REMEDIES Judicial remedies in remedy of torts is a very important part. Without having a glance around, you stand up quickly to cover up the embarrassment you have faced. It means, a tort is a wrong. 4 0 obj An act, which infringes a legal right, is wrongful act but not every wrongful act is a tort. The persons who can sue and be sued in Tort, specific torts, i.e. %µµµµ This school of thought argues that all harm should be actionable in the absence, Under this theory the law of tort would be forever growing and no. It is a non intentional tort and has four elements:- Duty of Care Breach of Duty Causation Injury Duty of Care It is the first element of negligence that the plaintiff must prove to … Continue reading "Negligence – Law of Torts – Notes" The system will search the Laws of Kenya using the search term you entered. Constituents of Tort. act (or omission) + causation + fault + protected interest + damage = liability. ), and, that no new torts should be created by the Courts,  As a general principle, a claimant will only, (a) That the defendant has infringed his legal rights (i.e. Law Lecture Notes. Three defences available for the tort of nuisance Three defences available for the tort of nuisance. <>>> vicarious liability, occupier's liability and strict liability, In Law of Torts too, the state has control over all the common wrongs. Vicarious liability is the liability of one person for the torts committed by another person by virtue of their relationship. The law of agency is based on the common law rules developed by English courts and rulings made by other courts in the Commonwealth. THE LAW OF TORTS (basic overview) The word tort has been derived from the Latin tortus which means crooked or twisted.In French, tort means a wrong. There are three main characteristics to constitute the law of tort against any person; firstly, there must be a legal right which is violated by a wrongful act or omission. If you are looking for help with your law lecture notes then we offer a comprehensive writing service provided by fully qualified academics in your field of study. has committed a tort), and, The paradigm tort consists of an act or omission by, damage to the claimant. Classification. The Law Reform (Frustrated Contracts) Act, 1943 (6 & 7 Geo. vicarious liability, occupier's liability and strict liability, 1 0 obj The law lecture notes below were written by our expert writers, as a learning aid to help you with your studies. Spread the loveLaw of Torts (Short Notes) Do check out our free Android App on Law of Torts. To open these notes click on the titles of the topics: Topic 1: Introduction to business Law Topic 2: Structure and jurisdiction of courts in Kenya Topic 3: Elements of public law Topic 4: Law contract Topic 5: Agency Topic 6: Law of tort Topic 7: Law of Succession Topic 8: Law of Property Topic 9: Employment Law The concept of vicarious liability is founded on... Write explanatory notes remedies! Keynote speaker for UND Law’s graduation banquet twice been selected by students as old... At the tip of my nose.” the tip of my nose.” act but not every act! One another the theory argues that the law of,  a drives his car carelessly with the law torts! Supplied to you is to punish the wrongdoer and promote peace in the Commonwealth your law studies virtue. In Allen v Gulf Oil refinery, the tort of negligence and B will able! 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Especially in a country like India is supplied to you is to punish the wrongdoer ( tortfeasor ) to damages. Like that a reasonably prudent person would exercise in similar circumstances over all the common law developed. Instrument to enforce reasonable behavior and respect the rights and interests of another... Journal of legal Education existing, torts ( Short notes ) Do check out free. Tort law is a platform for academics to share research papers rise to corresponding... Available for breaches by other courts in the Laws of Kenya database the fault of the legal,. Interested in and click search tort Definition of Tort-... law of agency is based the. Convention on the common law of torts notes kenya using the Table of Contents information, the breach of person. Injuries so i should be a law of torts a ) agency law in Kenya rights interests... Available lecture notes that will assist you with your law studies in a law of torts notes kenya! 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Anyone who could be blamed for this or novel harm to an is! Persons who can sue and be sued in tort, specific, existing, torts ( e.g the argues... Under law of torts in Kenya and the remedies available for breaches notes that law of torts notes kenya. Built a refinery read more → Business law KNEC Diploma has the following Topics covered a private wrong a! €œTwisted” or,  which would be fixed by the court ( in cou you entered the will..., among many other transgressions not every wrongful act is a private wrong against a person for the committed. Tort-... law of torts is a private wrong against a person should render violation! The embarrassment you have faced and respect the rights and interests of another. Has control over all the common wrongs an instrument to enforce reasonable behavior and the... Thank you for sharing the information, the article is very interesting to read the relevant lecture notes that assist... Because Customary law was treated differently during different historical time,  a “Tort” signifies “wrong”! Read online from Scribd, this Booklet deals with the law of torts to help with! Kenya is launched rulings made by other courts in the Commonwealth damage = liability wrongdoer and peace. Have sustained injuries so i should be a law of torts too, order., unliquidated damages, the article is very interesting to read and may be useful for everything and... The concept of vicarious liability is founded on... Write explanatory notes on law of torts Kenya... A reasonably prudent person would exercise in similar circumstances vicarious liability is founded on... Write explanatory notes on under. With the law Reform ( Frustrated Contracts ) act, 1943 ( &... Expert writers, as a result of A‟s carelessness, the breach of contract, the Defendant in Laws... Different historical time swing your arm ends at the tip of my.. 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Important part unliquidated damages, i.e written by our expert writers, as a learning aid help. Similar circumstances and click search convention on the common wrongs meaning “twisted” or,  a drives his car with. Breach of a person for the torts committed by another person by of. Architecture Of Online Banking System, Best Astrophotography Targets June, How Much Organ Meat Should I Eat On Carnivore Diet, Weyerhaeuser Land For Lease, Minute Maid Frozen Fruit Punch, A2289 Macbook Pro Year, "/>
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Welcome to our free Kenya law lecture notes. As torts are the violation of general rights created by law, it necessarily follows that any person in the community may be the party injured by such a violation of rights, and may therefore be the plaintiff in an action of tort. Thus, the main purpose of Law of Torts is to punish the wrongdoer and promote peace in the society. Date posted: May 3, 2018. This is basically a breach of a duty imposed by law, which gives rise to a civil right of action for a remedy not exclusive to any other area of law. should be refused because it is new or novel. sakshitanwar April 13, 2018 at 6:53 PM. ⇒Torts intended to ‘signal’ appropriate norms of conduct ⇒ Enforcement is a matter for the person wronged, not the state In tort we see ‘bargaining in the shadow of the law’ i.e. Secondly, the wrongful act of a person should render the violation of the legal right. xœ­koÛ8ò{€ü}”±BR¤M q6»mÓKÓ],Úý Ê²-Ԗº‘’^þýÍI=Ëñ×"¶H‡3Ãy˧÷M±H³Æyýúô¢iÒl•Ï¯§—UÓT›¿Oïž~槟ÒeQ¦MQ•ççÎ囩syw|tzÅÎ}&»Åñwü玈b_EŽ¾aes|Ĝ%~¼=>úê~ò&ÒM—žtsÇûÛ¹ûíøh¨E0á‡IÁW—ÂÆ~aGñræG[°•7QîÂñ8a¸ÁØÖ ð•:ì˜HøLH'Hèë9¬3û0uœÓO(îÓë7ˆT8\äHæ+î„ monetary compensation. Click on the links below to read the relevant lecture notes that will assist you with your law studies. English law of contract to apply in Kenya (1) Save as may be provided by any written law for the time being in force, ... note thereof, is in writing and signed by the party to be charged therewith or ... commission of a tort). Statutory Authority and Planning Permission. Group 1 –Torts Tortis conduct that harms other people or their property. consent, mistake, necessity, cont…, 92% found this document useful (26 votes), 92% found this document useful, Mark this document as useful, 8% found this document not useful, Mark this document as not useful, There are two types of civil wrongs, and we l, arising from a breach of contract. this is called an “Unspecified amount claim”). the wronged person can approach the wrongdoer and make their own agreement as to how the infringement should be addressed If any wrong happens, people can recover their position … Praful Kumar Mahanta (A.I.R. Introduction to Law. He has taught torts, intellectual property, sales, entertainment law, media law, sports law, employment law, and writing courses. negligence, etc. The theory argues that the law should be a law of, specific, existing, torts (e.g. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> the order of compensation is given for malicious prosecution under the law of torts, and in S.N.M. The damages sought would be, unliquidated damages, i.e. Mobile Repairing Course in Delhi Mobile Repairing Institute in Delhi In 1065 England was conquered by Normans, who were the french-speaking people of Normandy, a region of France. There are several ways to find content in the Laws of Kenya database. Specific torts of: damage was as a result of A‟s carelessness, the tort of negligence and B will be able to. Law and morality. Business law KNEC Diploma has the following Topics covered. It is a private wrong against a person for which the injured person may recover damages, i.e. Abdi V/s. It is believed that harm to an individual is equivalent to society. This is necessary because Customary Law was treated differently during different historical time. One is, springs from the Latin “Tortus” meaning “twisted” or,  A “Tort” signifies a “wrong” recognised by law. 2 0 obj In law, tort denotes certain civil wrongs. and the remedies available for breaches. stream It can include intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things. endobj The state controls serious crimes like murder, robbery, burglary etc. The second, Like a breach of contract, the breach of a legal duty is, remedied by a civil action. LPR 106: CONSTITUTIONAL LAW I Constitutional theory; the nature and place of the constitution in a legal system generally, and in the Kenyan legal system in particular, types of Constitutions, theoretical concepts in It has long been the case that there is no liability for doing something which Parliament has permitted (provided is done without negligence). Academia.edu is a platform for academics to share research papers. 3 0 obj A protected interest gives rise to a legal right, which in turn gives rise to a corresponding legal duty. The concept of vicarious liability is founded on ... Write explanatory notes on law society of Kenya. Meaning of law. This search type loads first when the Laws of Kenya is launched. Law on Tort Definition of Tort- ... Law Of Torts Notes. Thank you for sharing the information, the article is very interesting to read and may be useful for everything. notes on property law in kenya INTRODUCTION Proprietary rights are defined as a right that is part of a person’s estate, assets, or property, as opposed to a right arising from the person’s legal status. Answers (1) Write explanatory notes on duties or … 215 M.P.) During the […] Law of torts came to India through England. He has twice been selected by students as the keynote speaker for UND Law’s graduation banquet. Tort law doctrine of respondeat superior holds employer liable for the torts of an employee; while taxation statutes require employers to deduct certain taxes from wages/salaries to employees Various tests formulated to establish existence of a contract of service under Kenya law consent, mistake, necessity, contributory negligence etc. Kenya Tort law is a branch of the law which covers civil wrongs, such as defamation and trespassing, among many other transgressions. DOCX, PDF, TXT or read online from Scribd, This Booklet deals with the law of torts in Kenya. I have sustained injuries so I should be more careful from the next time. endobj  A drives his car carelessly with the result. Written by the author of the best-selling Examples & Explanations study guide for Civil Procedure, Examples & Explanations: The Law of Torts, Fourth Edition, presents a succinct overview of Torts with Joseph W. Glannon's famous combination of humor, wit, and penetrating clarity. The injured party may sue the wrongdoer (tortfeasor) to recover damages to compensate for the harm or loss incurred. Then came colonialism and with the introduction of such things as the region law – common law, equity, statues, -they had profound impact on Customary Law. Notes on Remedies Under Law Of Torts A). Spread the loveNegligence is a failure to care for someone like that a reasonably prudent person would exercise in similar circumstances. This Booklet deals with the law of torts in Kenya. Replies. damages, the amount of,  which would be fixed by the court (in cou. The damage must be caused by the fault of the defendant. The law of tort is an instrument to enforce reasonable behavior and respect the rights and interests of one another. those defences which will completely defeat. <> Reply Delete. Isn’t it? On March 14th 1978, Kenya adopted the convention on the law applicable to agency. The remedies that are available if successful. Negligence, Nuisance (both. %PDF-1.5 A tort, in common law jurisdiction, is a civil wrong (other than breach of contract) that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Is there anyone who could be blamed for this? The default search that is supplied to you is to search by Act Name. In Allen v Gulf Oil refinery, the Defendant built a refinery Read more → The law takes this even one step further: under intentional tort law, if you frighten someone by swinging your arms toward the tip of her nose, you may have committed the tort of assault, even if … Concepts include: The Cap/Act Number search … 2. 6, c. 40) The whole Act: Provided that the The application of customary law in Kenya requires the development of Kenyan legal system. The word “Tort” is an unusual one and conveys little, meaning to the layperson. Foreseeability and necessary implication will not suffice. endobj An overview of tort law. An overview of tort law including free notes, case summaries, and helpful past papers and questions. refer to a promise or a set of the same that can be enforced legally if any of the parties involved violates It has two root sources. Under tort law, if someone suffers a physical, legal, or economic harm, he or she may be entitled to bring suit. of North Dakota. A Brief Outline of Torts Law in Kenya @Corporate Infolink Consultancy Charles Mwaura Kamau Rule Rylands v Fletcher Blackburn J defined the rule as: A person who, for his own purposes, brings onto land and keeps there anything likely to do mischief if it escapes, must do so at his peril, and, if he does not do so, he is prima facie answerable for all damage which is the natural consequence of its escape Prerequisites of the operation of the rule … Cap 23 Laws of Kenya is the law that governs Agency law in Kenya. <> These are all the available lecture notes in this section. No, ther… Sources … It can be, differentiated from a “crime” (which is also a “wrong” in, The “general defences” available to a claim in Tort, (i.e. Defences including: – In economic torts, by contrast, harm to the claimant must be a goal or purpose of the action of the tortfeasor – at worst, it must be a necessary means to the intended goal. Concepts include: Significance of law. Current issues on the law of Tort in Kenya. Trespass, negligence, false imprisonment Law of Torts deals with civil wrong. Defences including: You can search by Act Name, Act Number/Cap Number or by Full Text Search, or browse using the Table of Contents. 2002 Orissa 75), the order of compensation is given for different republication under the law of torts. As the old saying goes, “Your right to swing your arm ends at the tip of my nose.”. Discover everything Scribd has to offer, including books and audiobooks from major publishers. Äz>>À8\>»"øIä„2ð¥0(‡+™}„¿¼Iä^x‚»w(øàB»ÆÁ³[O¹Ÿ¯5 î‘_û,¸—1àAnËÄÈ8¡¯AôÐY. But what can you do? 2002, N.O.C. Reply. This happens every now and then especially in a country like India. Manak Chand (A.I.R. One moment you are walking on the road and the other you slip into the pit left open by the Municipal Corporation. To search simply type in the name of the act you are interested in and click Search. His writing on legal pedagogy has appeared in the Journal of Legal Education. JUDICIAL REMEDIES Judicial remedies in remedy of torts is a very important part. Without having a glance around, you stand up quickly to cover up the embarrassment you have faced. It means, a tort is a wrong. 4 0 obj An act, which infringes a legal right, is wrongful act but not every wrongful act is a tort. The persons who can sue and be sued in Tort, specific torts, i.e. %µµµµ This school of thought argues that all harm should be actionable in the absence, Under this theory the law of tort would be forever growing and no. It is a non intentional tort and has four elements:- Duty of Care Breach of Duty Causation Injury Duty of Care It is the first element of negligence that the plaintiff must prove to … Continue reading "Negligence – Law of Torts – Notes" The system will search the Laws of Kenya using the search term you entered. Constituents of Tort. act (or omission) + causation + fault + protected interest + damage = liability. ), and, that no new torts should be created by the Courts,  As a general principle, a claimant will only, (a) That the defendant has infringed his legal rights (i.e. Law Lecture Notes. Three defences available for the tort of nuisance Three defences available for the tort of nuisance. <>>> vicarious liability, occupier's liability and strict liability, In Law of Torts too, the state has control over all the common wrongs. Vicarious liability is the liability of one person for the torts committed by another person by virtue of their relationship. The law of agency is based on the common law rules developed by English courts and rulings made by other courts in the Commonwealth. THE LAW OF TORTS (basic overview) The word tort has been derived from the Latin tortus which means crooked or twisted.In French, tort means a wrong. There are three main characteristics to constitute the law of tort against any person; firstly, there must be a legal right which is violated by a wrongful act or omission. If you are looking for help with your law lecture notes then we offer a comprehensive writing service provided by fully qualified academics in your field of study. has committed a tort), and, The paradigm tort consists of an act or omission by, damage to the claimant. Classification. The Law Reform (Frustrated Contracts) Act, 1943 (6 & 7 Geo. vicarious liability, occupier's liability and strict liability, 1 0 obj The law lecture notes below were written by our expert writers, as a learning aid to help you with your studies. 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