Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Why the supreme court of Ghana erred on the proper application of the doctrine of vicarious liability in its recent decision in Kwadwo Appiah v. Kwabena Anane

View through CrossRef
The Common law has evolved in leaps and bounds since the Normans Conquest of 1066. Certain areas of private law including the tort of negligence have developed into settled doctrines well known and generally followed in many common law jurisdictions. Vicarious liability is one of such well-developed doctrines with clear prerequisites for its deployment. The Supreme Court of Ghana is also required to follow the doctrine of vicarious liability unless there is a clear reason for a departure. The apex Court is mandated to justify any departure from its previous decisions with sound judicial analysis of the precedents vis-à-vis the case under consideration. In the case under review, the Supreme Court obviously ignored the established rules for the application of the doctrine of vicarious liability. The Court equally failed to justify the need for such a monumental departure from the tenets of the doctrine. The Supreme Court of Ghana invoked the doctrine of vicarious liability when the most basic of requirements for its applicability- such as the existence of an employment relationship or its analogous relationship between the tortfeasor and the Defendant-had not been established on the facts before the Court. The burden of this paper is to demonstrate that the Court erred when it failed to follow well-established principles for holding the defendant vicariously liable for a tort or breach of statutory duty by the tortfeasor. The paper expresses grave concern that unless the Supreme Court’s decision is departed from by the Court there is going to be a monumental confusion in Ghana’s Legal System as all other courts are bound to follow decisions of the Supreme Court.
Title: Why the supreme court of Ghana erred on the proper application of the doctrine of vicarious liability in its recent decision in Kwadwo Appiah v. Kwabena Anane
Description:
The Common law has evolved in leaps and bounds since the Normans Conquest of 1066.
Certain areas of private law including the tort of negligence have developed into settled doctrines well known and generally followed in many common law jurisdictions.
Vicarious liability is one of such well-developed doctrines with clear prerequisites for its deployment.
The Supreme Court of Ghana is also required to follow the doctrine of vicarious liability unless there is a clear reason for a departure.
The apex Court is mandated to justify any departure from its previous decisions with sound judicial analysis of the precedents vis-à-vis the case under consideration.
In the case under review, the Supreme Court obviously ignored the established rules for the application of the doctrine of vicarious liability.
The Court equally failed to justify the need for such a monumental departure from the tenets of the doctrine.
The Supreme Court of Ghana invoked the doctrine of vicarious liability when the most basic of requirements for its applicability- such as the existence of an employment relationship or its analogous relationship between the tortfeasor and the Defendant-had not been established on the facts before the Court.
The burden of this paper is to demonstrate that the Court erred when it failed to follow well-established principles for holding the defendant vicariously liable for a tort or breach of statutory duty by the tortfeasor.
The paper expresses grave concern that unless the Supreme Court’s decision is departed from by the Court there is going to be a monumental confusion in Ghana’s Legal System as all other courts are bound to follow decisions of the Supreme Court.

Related Results

Envisioning Originalism Applied to Bioethics Cases
Envisioning Originalism Applied to Bioethics Cases
Photo ID 123697425 © Alexandersikov | Dreamstime.com Abstract Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict...
Vicarious Liability Dalam KUHP Nasional Dikaji dari Perspektif Living Law di Yogyakarta
Vicarious Liability Dalam KUHP Nasional Dikaji dari Perspektif Living Law di Yogyakarta
The National Criminal Code as the brand-new Indonesian criminal law’s face provides several fundamental changes, including provisions on the principle of material legality and vica...
‘A Hollywood Blockbuster’, or the Problems of Liability in Ukrainian Bankruptcy Proceedings
‘A Hollywood Blockbuster’, or the Problems of Liability in Ukrainian Bankruptcy Proceedings
Among the legal mechanisms directly involved in resolving the issue of debtors’ insolvency and the settlement of creditors’ monetary claims are the institutions of joint and severa...
Penerapan Prinsip Vicarious Liability dalam Pertanggungjawaban Perseroan Terbatas
Penerapan Prinsip Vicarious Liability dalam Pertanggungjawaban Perseroan Terbatas
AbstractA limited liability company is a legal subject capable of being responsible for the risks in carrying out its business. The principle of vicarious liability is the basis of...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash Abstract This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
Analysis of the Constitutional Court Cases in 2022
Analysis of the Constitutional Court Cases in 2022
The Constitutional Court received a total of 2,829 cases in 2022 alone. Among the decisions made by the Constitutional Court in 2022, this paper reviews major decisions centered on...
The Function of Judiciary towards Harmonizing Fundamental Rights and Directive Principles of State Policy: An Overview
The Function of Judiciary towards Harmonizing Fundamental Rights and Directive Principles of State Policy: An Overview
1. Austin, G. (1999). The Indian Constitution: Cornerstone of a nation. Oxford University Press. 2. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802 (Supreme Court of India ...
Finding the Major Questions Doctrine
Finding the Major Questions Doctrine
<p>The major questions doctrine has been invoked primarily in the&nbsp;rulemaking context, where it requires agencies to identify particularly clear&nbsp;statutory au...

Back to Top