Prepared by Abebayehu Geta

WSU, School of Law 2018

CHAPTER I
DEFINITION AND PRINCIPLES OF NON-
CONTRACTUAL LIABILITY LAW

 Definition:-Non-Contractual(extra contractual),
Liability,(tort) Law is a law that gives remedy by
awarding compensation to the victim or ordering
restitution or injunction upon the wrongdoers,
When those interests, which are protected by the
Constitution and other laws, are violated, courts will
award a sum of money, known as damages
(compensation) for infringement of protected interest.
Alternatively, the court may issue injunction..
Elements of the definition
 Remedy :-is a term of contract law as to mean awards
of damages or may be compensation.
 Restitution :-returning the property to the rightful
owner or the monetary value of loss.
 Injunction:-is an equitable remedy in the form of
court order that compels a party to do or refrain from
specific acts. Injunction is a court order given to the
defendant to refrain from doing something”.
PRINCPLES OF TORT LAW
 1) Act- is a positive act of doing or committing
something which attracts a legal consequences. Art
2029 for e.g. Mohammed drives carelessly and hits
chala, a pedestrian and cause a personal injury.
 Omission-is a failure to act which attracts a legal
consequences. Art 219 of RFC. parents should watch
over their child's health, take disciplinary measures.
Failure to do that amounts as omission as per Art 2051.
Cont…
 2) Damage – is a harm either physical , economical,
psychological. But should exist.
 Generally categorized as a material or moral.
 Harms to a persons material interest affects his pocket
, while
 Harm to his moral interests affects his feelings.
 3)casual relationship b/n act , omission and damage.
Cont…
 i.e. factual causal link b/n the attachable fact and the
ensuing damage. But the problem is( if what there are
different or several attachable cause participated in
more or less capacity?)
 In this case each defendant is liable for the whole
harm.
 E.g. bicycle from north direction motorcycle from
south direction, Sino truck from west direction and
bus from east direction collided at the center and hit
the pedestrian and finally the pedestrian passes away.
Chapter Two
The rights and interests which are
protected by FDRE constitution
 The right to life (Art 15)
 The right to security of a person (Art 16) e,g bodily
harm and assault.
 The right to liberty(Art 17)e.g false imprisonment
 The right to honor and reputation (Art 24) e,g
defamation.
 The right to privacy (Art 26)include personal and
domicile as well as residence etc…
If the above rights are infringed or vioalated ,there are
remedies made available by different laws, one of
which is criminal law
Cont…
 However the remedy provided under criminal law is
different because the latter gives a remedy by forcing
the tortfeasor (perpetrator, wrongdoer) to make that
damage good.
 E.g. breaking somebody's cell phone.
 Remedy by criminal law :-Art 689 (damage to property
-10 days -3years of imprisonment.
 Remedy by tort law –replace the same model or make
it repair.
Chapter 4:-Comparison b/n law of
contract and tort law
Law of contract VS
 Emanate from agreement of
two or more parties.
 Consent is necessary.
 There are certain peoples
exempted from performing
their part obligation. Art
2030(3)-317 -2099.for e.g.
minor
 To establish liability simply
showing non-materialization
of promise is enough.
Law of tort
 Emanate from law.
 Consent is not necessary.
 No exception i.e. everybody is
responsible for his own
action. even minors too cant
escape from liability by
default.
 To establish liability esp,for
torts w/c requires fault
,establishing his fault is
mandatory.
Cont…
Law of contract VS
 If breach is intentional or
grave fault the compensation
shall increased to cover the
damage incurred may be
greater than the normal
damage.
 Period of limitation is 10
years. Art 1845.
 Court that has jurisdiction is
the court where the contract
is made or to be performed.
Law of tort
 In absence of intentional
fault,compensation for harm
may be decreased .Art 2101
and 2091.
 Period of limitation is 2 years
.Art 2143.
 The court at a place where the
wrong was done has a
jurisdiction to decide over the
case.
 similarity
 Both are classified under
book 4 as obligations
Comparison b/n tort law and
criminal law.
Tort law VS Criminal law
 Liability arises from the law.  Liability arises from law too.
 In deciding whether civil offence  Criminal wrong gives
has been committed the court automatically rise to tort
shall not be bounded by liability.
acquittals or discharge of
criminal court. Art 2149.  Wrongdoer may end up in jail
 Wrong doer may not go to jail or be punished with fine or
,may be obliged to pay both.
compensation to victim, ordered
restitution ,injunction(refrain
from perpetuating wrong)
Cont…
Tort law
 Aim is to provide redress for
individuals who has suffered
loss.
 Parties to the suit are victim
and wrongdoer.
 Purpose to obtain
compensation for the loss of
victim.
Criminal law
 To protect the interests of
public.
 Parties are public prosecutor
vs offender.
 To punish a person who hs
duly tried and convicted of a
crime.
Cont…
Tort law VS Criminal law
 There is no defense to relieve  there is defense and acts
from responsibility if civil which are so called justifiable
damage is committed.
acts in section II of criminal
 For E.g,Mr X house caught fire
and he run into next house and code. ;like Art 67,68,69,70
took fire extinguisher to destroy 71.of criminal code.
the fire as a matter of the result
the fire extinguisher too is
burnt, so he cant relieve himself
from being replacing the
extinguisher or paying equitable
amount of money in the form of
compensation.
 chapter five
sources of tort law
 The sources of Non – Contractual Liability Law
are three:
1. Fault (offence) Article 2028 – 2065
2. Activities one engages in or things possessed by a
person(strict liability) Article 2066 – 2089
3. Where a third party for whom a person is responsible
incurs liability. (vicarious liability). (2124 – 21329)
Cont…
 Sub classifications
 Fault liability is further classified into paragraph 1-
General rules and paragraph 2-Special cases. General rules
contains articles 2028 – 2037 and Special cases is from
article 2038 – 2065.
 The second source of liability is referred to as Liability in
the absence of an offence or strict liability. It consists of
Dangerous activities (article 2069 and 2070), liability for
animals (2071 – 2076), liability related with building (2077
– 2079), machines and motor vehicles (2081 – 2084) and
one article for manufactured goods (2085).
Cont…
 The third source is the act of a third party and the
liability is vicarious liability. We may classify it into
liability of families and others for a minor child (2124 –
2125), liability of State (2126 – 2128), liability of Bodies
Corporate and Employers for their Employees (2129 –
2132).
…………………………
Criminal fault Art-2042
 E.g. Adultery Art 652 of criminal code.
 A person who interferes with the liberty of another has
to show that She/he has a good reason to believe that
the plaintiff had committed a criminal offence.
Bail –Art 2043
 Surety a person who takes the responsibility for
another's performance of an undertaking .for example
their appearing in a court, payment of debt.
 If a person who stood surety for a person has a good
reason to believe that a person is about to abscond and
prohibit him from leaving his residence, we cant say he
committed a fault.
 For e.g. if he starts packing her staff or booking to
travel in a plane.
Defamation-2044
 The act of making untrue statements about another which
damages his or her reputation.
 Any intentional false communication either written or
spokes that harms a persons reputation, decreases respect,
regard or confidence in which a person is held or induces
disparaging, hostile or disagreeable opinions or feeling
against a person .
 The means utilized for purposes of defamation may be
 Words
 Writings
 Other means E.g. carving, painting, or gestures.
Cont…
 Consequences-
 to make a living person detestable, contemptible or
ridiculous and jeopardize his credit, reputation or his
failure. So it is related to a living person not a deceased
one.
 Article 2109-defamation
What is the difference b/n
defamation and insult?
 If the words or statement communicated to third party
it is defamation.
 If the words or statements limited to the victim him or
herself it is an insult not defamation.
 No group defamation- 2045(2)
 Other name of group defamation is defamation of
class.
 E.g. All students has no discipline,
 all lawyers are unethical.
Defenses against defamation Art
2046-49
 Public concern-2046
 Criteria's
 The statements should be on its face, statements of
opinion not a statement of fact.
 The expression should be an opinion on matters of
public interest rather than private.
 The holder of that opinion should hold that opinion
honestly and shouldn't act maliciously in expressing
that opinion.
Opinion vs fact
 Personal idea vs conclusion from conduct of
somebody.
 E.g. if a journalist comments on the quality of a certain
football teams it will count as a matter of public interest, so
the people may buy ticket or not.
 Malicious vs honest
 bad faith vs good faith, believing in truth,
 E.g. Chala and chaltu are friends one day their
relationship broke up. she had a restaurant, Chala made a
comment that a food in her restaurant is terrible or toxic to
revenge for broke up, so while claimed against defamation
he cant invoke honesty because he made it by bad faith.
Cont…
 Truth of the alleged fact(2047)
 In principle if what someone states is true ,there is no
defamation because there is no intent to injure.
 E.g Belay beats his wife 3 times a week. Ayelech says
belay beats his wife five times a week. if belay sues
Ayelech for defamation Ayelech can invoke the truth as
a defense because her saying is substantially true even
she gets wrong as to how many times Belay beats his
wife in a week.
Immunity(2048)
 An exemption from a duty or penalty .
 Exemption from being sued or prosecuted for certain
action.
 Subjects of immunity
 Members of parliament
 Members of House of Federation.
 Executive
 Judges during proceeding trial ,Art 80 of constitution.
 justification
Cont…
 To conduct their work without fear or prosecution.
 Is immunity granted under 2048 is absolute?
Publication Art 2049
 As we discussed it in our previous classes defamation could
be committed by way of publication, through journals ,
magazines, newspapers.
 Not liable as per 2049 if
 Acted without intent to injure and without negligence
 At the request of the plaintiff, publishes immediately a
withdrawal or an apology.
 Liable
 Acted with intent to do harm or with gross negligence
 After the request failed to withdraw and make an apology
immidiately.
Cont…
 Mode of apology
 If the periodical published greater than a week then
apology should be made immediately in a periodical of
his choice.
 If the periodical published lesser than a week then
apology should be made in a periodical or newspaper
which has occurred or published.
Trespass to goods
 Goods classified as movables and immovable's.
 Movable goods- are those goods that can be moved
by a ,an or themselves however without loosing their
individual character .Article 1127.
 Immovable goods- Art 1130
 There could be interference with those goods hence
our civil code uses trespass to indicate trespass to land
or a house Art 2053. while trespass to movable is
referred to as assault in property.
Cont…
 Trespass Article 2053
 Without due legal authority
 Exists when a person enters a land or a house without
having any justification.
 E,g 1 check in
 check out
 E.g 2 spectators enter
 stay there
Cont…
 He forces his way on the land or into the house of
another
 Could be done directly by personal entry or by procuring
the entry of another person object or animal.
 E.g 1 ujulu puts his hand or head through an open window
of Fatima's house. it is trespass by personal entry.
 2-Gari pushes Chaltu into the house of Chala…who is
trespasser? Gari…
 3Gari lets his cattle enter in the farm land of Chala
(procuring the entry of animal.)
Cont…
 Against the clearly expressed will of…
 The expression may be
 Oral- E.g. 1 leave the room!
 2 for the gods sake don’t enter into my land!
 Written- E.g. 1 This is a private property
 2 stay away !
 3 no parking !
 Conduct..E.g. Fencing of land under his possession if
you force your way to his land you are a trespasser.s
Assault on property Article 2054
 This is a trespass to movable property.
 Elements
 Without due legal authority
 Means without having a lawful or legal justification.
 For e.g. as per article 32 of criminal procedure code the
police officer after having permission of search and
seizure has the power to conduct it, however if
conducted without permission it can be a trespass.
Cont…
 Takes a possession of property
 May be actual damages of goods, use of goods, or
moving of goods from one place to another.
 Against a clearly expressed will of
 Article 2076(1)- keeping the animal under control even
after paid of compensation we can say it is against a
clearly expressed will.
 The lawful owner or possessor of property
 Possession Article 1140- consists of the actual control
which a person exercises over a thing.
Cont…
 Possessor in a good faith is a lawful possessor and
possessor by stealing or cheating cant invoke Art 2054
as a lawful possessor because he is not.
 Proofing of ownership in immovable is different from
movable as per Article 1193. because whosoever in
possession of corporeal chattels shall be deemed to
possess it on behalf and owner thereof. so law
presumes that one who possess of movable property
owns that property. If someone interferes with
possession he is a trespasser.