UNIVERSITY OF THE WEST INDIES

THE FACULTY OF LAW

LAW OF TORTS I

Course Outline

The Law of Torts is essentially concerned with the allocation of

responsibility for loss, harm, damage or injury caused to an
individual or legal entity. It normally does so on the basis of legal
fault. In other words, it asks the question -Whose fault was it that
the loss, harm, damage or injury was caused to this individual
/entity? The topics covered in Law of Torts I generally deal with
the attribution of fault on the basis of negligence, intention, strict
liability or, in nuisance, a balancing of respective interests that
causes the harm, loss or injury to the claimant.

1. Negligence

. (a) Establishing a Duty of Care

. (b) Breach of Duty

. (c) Causation

. (d) Remoteness

. (e)  Defences

.
2. Trespass to the Person

. (a)  Assault

. (b)  Battery

. (c)  Recklessness – The Rule in Wilkinson v. Downton

. (d)  False Imprisonment

. (e)  Malicious Prosecution

1
3. Occupiers’ Liability
. (a)  Nature of Occupiers’ Liability
. (b)  Who is an Occupier?
. (c)  The Common Duty of Care
(d) Liability to Trespassers

4. Nuisance & the Rule in Rylands v. Fletcher

. (a)  Public and Private Nuisance
. (b)  Unreasonable User
. (c)  Defences
. (d)  The Rule in Rylands v. Fletcher
.

.
Textbooks:
th
Winfield & Jolowicz on Tort (17 ed.) – WVF Rogers
th
Commonwealth Caribbean Tort Law (5 ed.) – Kodilinye
th
Elliot & Quinn –Tort Law (9 )

Lecturer: Mr. Jeff Cumberbatch

Office: Room: #28

Telephone no: 417-4241

E-mail address: jobcumberbatch@gmail.com

jefferson.cumberbatch@cavehill.uwi.edu

Office hours: Thursday - 9:00 – 10:00 am.

J. Cumberbatch

Torts I/2019/JC/Intro.