Ethiopian Tort Law Short Note
By: Mikiyas.D
Contact at:
+251925503628
, Part one
Definitions and Principles of Tort Law
Q. What are the basis of Ethiopian tort law?
✓ The background constitutional rights for Ethiopian tort law are;
▪ Art 15
▪ Art 16 (cum with Art 2038 of CCE
▪ Art 40 (cum with Art 2053 & 54)
▪ Art 17
▪ Art 24 & 26 (cum with art 2044 CCE and Art 29 (6 &7) of FDRE constitution)
▪ Art 40 and Art 41(1) (cum with art 2055-59)
✓ Thus, the violations of the above mentioned rights are under the covers of
Ethiopian tort law as a part of civil remedies.
Q. What are the major civil remedies under Ethiopian tort law?
✓ The major civil remedies under Ethiopian tort law are;
▪ Damages: Awarding compensation
▪ Injunction: a court order that is given to the defendant to refrain from doing something.
▪ Restitution:
,Q. What are the major principles of tort law?
✓ There shall exist four essential requirements (usually referred as tort law
principles), in order to make the person liable under tort law. They are;
1. Act or Omission
2. Damage
3. Causation: the damage shall be the result of the act or the omission
4. A kind of harm recognized as attracting legal liability.
Q. Should the above 4 criteria's must be fulfilled to make the person liable
under tort law?
No! because of two facts;
a) Damnum Sin Injura: in case of unfair competition, even if the damage is
caused, however, it is not a kind of harm recognized or attracting legal
liability.
b) Injura sin Damno: in case of trespass, the conduct is actionable without the
need to proof of damage.
, Conduct that gives rise to Liability
Q. What is conduct? And Discuss the major types of conduct?
✓ Conduct is a person behavior in a particular situation and in particular place.
✓ It have two forms;
1) Misfeasance: is an act or external manifestation of the actor will and it also
known as positive act.
2) Nonfeasance: is the omission or a failure to act where the law requires a
person to act in a certain way. (see for instance our Civil Code art 2052)
Intention and Negligence
Q. When intention is said to be existed?
➢ Intention exists where the defendant;
a. Knows that the consequence of his conduct are bound to occur;
b. Desire the consequence of his act; and
c. He may not desire, but foreseen the result of his conduct.
Q. When Negligence is said to be existed?
✓ Four essential conditions must be fulfilled. Accordingly when the defendant;
By: Mikiyas.D
Contact at:
+251925503628
, Part one
Definitions and Principles of Tort Law
Q. What are the basis of Ethiopian tort law?
✓ The background constitutional rights for Ethiopian tort law are;
▪ Art 15
▪ Art 16 (cum with Art 2038 of CCE
▪ Art 40 (cum with Art 2053 & 54)
▪ Art 17
▪ Art 24 & 26 (cum with art 2044 CCE and Art 29 (6 &7) of FDRE constitution)
▪ Art 40 and Art 41(1) (cum with art 2055-59)
✓ Thus, the violations of the above mentioned rights are under the covers of
Ethiopian tort law as a part of civil remedies.
Q. What are the major civil remedies under Ethiopian tort law?
✓ The major civil remedies under Ethiopian tort law are;
▪ Damages: Awarding compensation
▪ Injunction: a court order that is given to the defendant to refrain from doing something.
▪ Restitution:
,Q. What are the major principles of tort law?
✓ There shall exist four essential requirements (usually referred as tort law
principles), in order to make the person liable under tort law. They are;
1. Act or Omission
2. Damage
3. Causation: the damage shall be the result of the act or the omission
4. A kind of harm recognized as attracting legal liability.
Q. Should the above 4 criteria's must be fulfilled to make the person liable
under tort law?
No! because of two facts;
a) Damnum Sin Injura: in case of unfair competition, even if the damage is
caused, however, it is not a kind of harm recognized or attracting legal
liability.
b) Injura sin Damno: in case of trespass, the conduct is actionable without the
need to proof of damage.
, Conduct that gives rise to Liability
Q. What is conduct? And Discuss the major types of conduct?
✓ Conduct is a person behavior in a particular situation and in particular place.
✓ It have two forms;
1) Misfeasance: is an act or external manifestation of the actor will and it also
known as positive act.
2) Nonfeasance: is the omission or a failure to act where the law requires a
person to act in a certain way. (see for instance our Civil Code art 2052)
Intention and Negligence
Q. When intention is said to be existed?
➢ Intention exists where the defendant;
a. Knows that the consequence of his conduct are bound to occur;
b. Desire the consequence of his act; and
c. He may not desire, but foreseen the result of his conduct.
Q. When Negligence is said to be existed?
✓ Four essential conditions must be fulfilled. Accordingly when the defendant;
