.

M.D.T.E. Abeynayake
LL.B(Hons) ,LL.M, M. Phil, Attorney-at-Law
Senior Lecturer-UOM
 Literature review of relevant books, recent
journals and seminar papers on Law of Delict
in order to get an idea of the background to
this Lesson.
 Review court cases ( House of Lords , Court
of Appeal relating to commercial matters and
refer various Law Reports (eg. All England
Law Reports etc)
 Law of Torts/ Delicts
 Law of Contract
 Corporate Law/ Company Law
 Construction Law
 Property Law
 Partnership Law
 Business Law
 Public International Law
 Environmental & Planning Law
 Law of Property and Persons
 ( Family Law and Land Law)
 Law of Obligations
 (Contracts Law and Tort /
Delict Law )
 What is a Civil Law ? What is Private Law?
 Civil Law areas – Contract & Torts, Land,

Property etc
 Negligence and Duty of Care
 Breach of Duty of Care
 Civil Law Vs. Criminal Law
 Private Law Vs. Public Law.
 Sources of the Law of Negligence ( Case Law
and Opinions of the Jurists)
 Damaged caused by negligence
 Personal injuries to third party
 Damage to properties
 Compensation and Damages
 Definition of a Delict/Tort under Roman
Dutch law and English Law
 Nature of Torts
 Strict Liability Rule
 Vicarious Liability and Employers Liability
 Professional Negligence & Professional Advise

under Civil Law.

 Cassidy Vs. Ministry of Health- South Africa
 Caparo Industries plc Vs. Dickman (UK)
 Arsekularatne Vs. Prof. Priyani Soysa
 Grant Vs. Australian Knitting co.
 Donoughue Vs. Stevenson
 Rylands Vs. Fleture.
 Remedies for negligence/
torts
 Two actions- Actio Injuruarum &
Acquilian Action
 Jurisdiction Courts for negligence
 General Defences against negligence
 Professional Ethics / Codes
 Law of Insurance.
 Consumer Protection Law
 Consumer Affairs Authority
 Sale of Goods Law and Contracts
 The Contract of employment
 Labour /Employment
Tribunals
 Trade Unions
 Independent contractors and
employees
 Vicarious liability
 The concept of competent professional
service is based not only on attaining
professional competence but also in
maintaining it.
 Professionals should be straightforward and
honest in all professional and business
relationships.
 They should not allow bias, conflict of
interest or undue influence of others to
override professional or business
judgments.
 Professionals has a continuing duty to
maintain professional knowledge and skill at
the level required to ensure that a client or
employer receives competent professional
service based on current developments in
practice, legislation and techniques.
 A professional should act diligently.
 Professionals should and business
respect the confidentiality of
information acquired as a result of
professional relationships and
should not disclose any such
information to third parties without
proper and specific authority unless
there is a legal or professional right
or duty to disclose.
 
  An organization’s social responsibility refers
to how it manages its relationships in the
wider community.
 It is accepted that all organizations generally

have responsibilities beyond their

shareholders, be it a company, or their
members, or a professional body.
  
 There responsibilities are wide ranging and
focusing on these helps to develop trust in
the organization. For instance:
 How ‘green’ is the organization?
 How much recycling of waste and paper is
undertaken?
 Is low energy lighting used in the offices?
 Does the organization support the local
community in providing mentors or reading
assistants at the local school, for instance?
  Manyorganizations seek to express
their social responsibility policies by
identifying their stockholders, those
people or bodies who have either a
financial or interested influential
relationship with the entity.
 It is now seen as part of good
governance to have such policies.
 
 UNEHICAL BEHAVIER
 EHICAL DILEMMAS
 CONFLICTS OF INTREST
 RESOLVING PROBLEMS
 Professional competence implies
knowledge, skill, diligent delivery and
an awareness of all the relevant issues
in performing tasks.
 The professional is expected to
maintain the competence through
continuing professional development
to maintain their capabilities to act
responsibly at all times.
 Due care covers the wider
responsibility the professional
has to ensure that those
working under their authority
have the necessary skills and
capabilities to do so.
 
 Professionals are bound by the principle of
confidentiality in all that they do unless
required by law, professional right or duty to
disclose.
 Such confidentiality covers disclosing
information outside the firm or employing
organization and using information for
personal or third party gain.
Thank you