Tort law at Sierra Leone
Tort law in Sierra Leone is primarily governed by the common law system, which was inherited from the British colonial era. This system operates alongside statutory law and customary law, creating a multifaceted legal landscape.
⚖️ Legal Framework
Sierra Leone's legal system is a blend of:
Common Law: Derived from English law, particularly statutes and case law in force before January 1, 1880, as stipulated by Section 74 of the Courts Act, 1965.
Statutory Law: Laws enacted by the Sierra Leone Parliament.
Customary Law: Unwritten rules accepted by communities, including Islamic law, subject to the Constitution's provisions on equity and good conscience .
Notably, customary law does not override principles of natural justice, equity, and good conscience, as per Section 76 of the 1991 Constitution.
🧾 Key Principles of Tort Law
Tort law in Sierra Leone encompasses various principles, including:
Negligence: Establishing a duty of care, breach of that duty, causation, and resultant harm.
Vicarious Liability: Holding an employer liable for the actions of employees performed within the scope of employment.
Strict Liability: Liability without fault, often in cases involving inherently dangerous activities.
Trespass to the Person: Protection against direct interference with personal liberty, including assault, battery, and false imprisonment .
⚖️ Notable Case: Kalma & Ors v African Minerals Ltd & Ors
A significant case illustrating tort law in Sierra Leone is Kalma & Ors v African Minerals Ltd & Ors. This case involved claims against a UK mining company and its subsidiaries for human rights abuses during protests in Sierra Leone. The English Court of Appeal upheld the decision that the company was not liable in tort, emphasizing the complexities of establishing liability for third-party actions in international contexts .
🏛️ Access to Justice and Alternative Dispute Resolution
The Sierra Leone Truth and Reconciliation Commission (TRC) has recommended simplifying legal procedures to enhance access to justice. It advocates for alternative dispute resolution methods, such as mediation and arbitration, especially for small claims and family disputes, to alleviate the burden on courts
📚 Legal Education and Resources
For those seeking to understand tort law in Sierra Leone, resources include:
SierraLII: An online platform providing access to legal cases and articles on tort law .
Sierra Leone Law School: Offers modules and assignments on tort law for legal education.
Globalex: Provides comprehensive information on Sierra Leone's legal system, including sources of law and legal research .
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