CONTRACT LAW REVIEW NOTES
NON-CONTRACTUAL LIABILITY
, ✓ As per article 40(1) of the FDRE Constitution, every ✓ Intention is related with behavior that is intended to be
DEFINITION AND PRINCIPLES OF NON- CONTRACTUAL Ethiopian citizen has the right to the ownership of wrong. Intentional wrongs are, therefore, those wrongs
LIABILITY LAW private property. This right includes the right to acquire, in which the person charged must have acted in such a
use and dispose of such property by sale or bequest or manner that he either wanted to harm someone or knew
✓ Non-Contractual Liability Law is a law that gives remedy to transfer it otherwise. that what he did would result in harm.
by awarding compensation to the victim or ordering ✓ Under the FDRE Constitution, private property is either ✓ “Intention refers to the defendant’s knowledge that the
restitution or injunction. When those interests, which are classified into tangible and intangible or movable or consequences of his conduct are bound to occur, where
protected by the Constitution and other laws, are immovable. On the other hand, land as well as natural the consequences are desired or, if not desired, are
violated, courts will award a sum of money, known as resources is owned by the state and the peoples of foreseen as a certain result” (Art 2029(1))
damages (compensation) for infringement of protected Ethiopia as per Article 40(3) of the FDRE Constitution. ✓ Intention exists where:
interest. Alternatively, the court may issue injunction. Therefore, every Ethiopian has possessory or holding a) The defendant knows that the consequences of her
Injunction is a court order given to the defendant to right over the land. No one will interfere with conduct are bound to occur; or
refrain from doing something”. Restitution is the third possessory right of the land. If someone, for instance, b) Where the defendant desires the consequences or
form of remedy. The victim seeks a remedy by bringing forces his way into the land under the possession of c) Where the defendant may not desire but foreseen
her case to a court (Art 37 of the constitution) or by another, house of another, or takes possession of the result of her action or omission. For example:
settling it amicably with defendant directly or through a another’s movable property, the tortfeasor shall be sued ✓ On the other hand, if a person failed to act in a
third party (art 2148 of the civil code) under trespass (Art 2053 and 2054) reasonable manner, we say that person acted
✓ An interest in property can be affected by the negligent negligently.
Principles
✓ To make a person liable under this law, four act of another. This as well is protected under Extra ✓ To say negligence exists, four conditions are supposed
requirements which are called principles of Non- Contractual Liability Law. (Art 2055-2059) to exist:
3. Economic Interest 1. The defendant must have owed the plaintiff a duty;
contractual Liability Law are essential.
• The first one is act or omission. ✓ As per article 41(1) of the FDRE Constitution, every 2. The defendant must have breached that duty;
• The second concerns damage. Ethiopian has the right to engage freely in an economic 3. The breach of that duty must be the actual as well
activity and pursue a livelihood of his choice anywhere as the “legal” cause of the plaintiff’s injury.
• The existence of casual relationship between within the national territory. The Extra – Contractual
the act or omission and the damage suffered 4. That injury must be one that the law recognizes and
by the victim (art 2141) Liability Law gives protection to this interest “… [w]here for which money damages may be recovered
• This damage should be a kind of harm the defendant has acted unlawfully and has caused REASONABLE AND PRUDENT PERSON
recognized as attracting legal liability. economic loss to the claimant” (Art 2055-2059) ✓ There are three requirements to define a reasonable
and prudent person is. These are knowledge,
4. Reputation and privacy investigation and judgment.
CONSTITUTIONAL RIGHTS ✓ The FDRE Constitution recognizes every one’s
1. Personal Security
✓ These are torts involving a tress pass to the person. As reputation and privacy under articles 24 and 26 ✓ As members of a community, a certain standard of care
per article 16 of the FDRE Constitution, everyone has respectively. Accordingly, under article 29(6) of the is expected from us when we act. The standard of care
the right to protection against bodily harm. This right is same, limitation on the right of thought, opinion and expected from us is that of the reasonable man. It is
protected in a number of ways. For instance, if one expression are put where these rights go against honors objective. To that effect, it does not take into account the
makes a contact with another intentionally against the and reputation of individuals. As it is provided under particular way of behaving, thinking, etc or weaknesses
other person’s will, the victim could bring action as per article 29(7) of the FDRE Constitution, any citizen who of the defendant.
article 2038(1) of the CCE under assault. Assault is a violates any legal limitations on the exercise of these ✓ “If a particular danger could not reasonably have been
condition where “one person puts another in fear of rights may be held liable under the law. One of these anticipated, the defendant has not acted in breach of
being hit. If (however) the blow is struck, then the laws is Extra – Contractual Liability Law. Hence, “where her duty of care, because a reasonable man would not
person hit may have an action under bodily harm. a person’s reputation is damaged by untrue speech or take precaution against unforeseeable consequences.
✓ As per article 17 of the FDRE Constitution any, writing then they may have an action in the tort of ✓ The other simple way of determining the reasonable and
Ethiopian or foreign national lawfully in Ethiopia has the defamation (Art 2044 ff and 2109) prudent man standard is how we judge our activity.
right to liberty of movement. This freedom could be CONDUCT THAT GIVES RISE TO Hence, before we start any activity, the law expects us
restricted unlawfully. A person whose freedom is LIABILITY to ask ourselves the following questions: What is the
restricted could sue that person who interfered with her ✓ Conduct is a person’s behavior in a particular place or in likelihood that our particular activity will harm someone
liberty for interference with the liberty of another as it is a particular situation. else? If harm might occur, what is the likely hood of the
stated under article 2040 of the CCE or for false ✓ In legal sense, conduct is classified into two: Act and extent of the harm? What must I give up in order to
, imprisonment. omission. Act is defined as an external manifestation of avoid the risk to others?
2. Interest in property the actor’s will. Statutory Standard
Intention and Negligence ✓ The objective standard is not free from subjectivity for
…"[t]here is a subjective element in that it is left to the
NON-CONTRACTUAL LIABILITY
, ✓ As per article 40(1) of the FDRE Constitution, every ✓ Intention is related with behavior that is intended to be
DEFINITION AND PRINCIPLES OF NON- CONTRACTUAL Ethiopian citizen has the right to the ownership of wrong. Intentional wrongs are, therefore, those wrongs
LIABILITY LAW private property. This right includes the right to acquire, in which the person charged must have acted in such a
use and dispose of such property by sale or bequest or manner that he either wanted to harm someone or knew
✓ Non-Contractual Liability Law is a law that gives remedy to transfer it otherwise. that what he did would result in harm.
by awarding compensation to the victim or ordering ✓ Under the FDRE Constitution, private property is either ✓ “Intention refers to the defendant’s knowledge that the
restitution or injunction. When those interests, which are classified into tangible and intangible or movable or consequences of his conduct are bound to occur, where
protected by the Constitution and other laws, are immovable. On the other hand, land as well as natural the consequences are desired or, if not desired, are
violated, courts will award a sum of money, known as resources is owned by the state and the peoples of foreseen as a certain result” (Art 2029(1))
damages (compensation) for infringement of protected Ethiopia as per Article 40(3) of the FDRE Constitution. ✓ Intention exists where:
interest. Alternatively, the court may issue injunction. Therefore, every Ethiopian has possessory or holding a) The defendant knows that the consequences of her
Injunction is a court order given to the defendant to right over the land. No one will interfere with conduct are bound to occur; or
refrain from doing something”. Restitution is the third possessory right of the land. If someone, for instance, b) Where the defendant desires the consequences or
form of remedy. The victim seeks a remedy by bringing forces his way into the land under the possession of c) Where the defendant may not desire but foreseen
her case to a court (Art 37 of the constitution) or by another, house of another, or takes possession of the result of her action or omission. For example:
settling it amicably with defendant directly or through a another’s movable property, the tortfeasor shall be sued ✓ On the other hand, if a person failed to act in a
third party (art 2148 of the civil code) under trespass (Art 2053 and 2054) reasonable manner, we say that person acted
✓ An interest in property can be affected by the negligent negligently.
Principles
✓ To make a person liable under this law, four act of another. This as well is protected under Extra ✓ To say negligence exists, four conditions are supposed
requirements which are called principles of Non- Contractual Liability Law. (Art 2055-2059) to exist:
3. Economic Interest 1. The defendant must have owed the plaintiff a duty;
contractual Liability Law are essential.
• The first one is act or omission. ✓ As per article 41(1) of the FDRE Constitution, every 2. The defendant must have breached that duty;
• The second concerns damage. Ethiopian has the right to engage freely in an economic 3. The breach of that duty must be the actual as well
activity and pursue a livelihood of his choice anywhere as the “legal” cause of the plaintiff’s injury.
• The existence of casual relationship between within the national territory. The Extra – Contractual
the act or omission and the damage suffered 4. That injury must be one that the law recognizes and
by the victim (art 2141) Liability Law gives protection to this interest “… [w]here for which money damages may be recovered
• This damage should be a kind of harm the defendant has acted unlawfully and has caused REASONABLE AND PRUDENT PERSON
recognized as attracting legal liability. economic loss to the claimant” (Art 2055-2059) ✓ There are three requirements to define a reasonable
and prudent person is. These are knowledge,
4. Reputation and privacy investigation and judgment.
CONSTITUTIONAL RIGHTS ✓ The FDRE Constitution recognizes every one’s
1. Personal Security
✓ These are torts involving a tress pass to the person. As reputation and privacy under articles 24 and 26 ✓ As members of a community, a certain standard of care
per article 16 of the FDRE Constitution, everyone has respectively. Accordingly, under article 29(6) of the is expected from us when we act. The standard of care
the right to protection against bodily harm. This right is same, limitation on the right of thought, opinion and expected from us is that of the reasonable man. It is
protected in a number of ways. For instance, if one expression are put where these rights go against honors objective. To that effect, it does not take into account the
makes a contact with another intentionally against the and reputation of individuals. As it is provided under particular way of behaving, thinking, etc or weaknesses
other person’s will, the victim could bring action as per article 29(7) of the FDRE Constitution, any citizen who of the defendant.
article 2038(1) of the CCE under assault. Assault is a violates any legal limitations on the exercise of these ✓ “If a particular danger could not reasonably have been
condition where “one person puts another in fear of rights may be held liable under the law. One of these anticipated, the defendant has not acted in breach of
being hit. If (however) the blow is struck, then the laws is Extra – Contractual Liability Law. Hence, “where her duty of care, because a reasonable man would not
person hit may have an action under bodily harm. a person’s reputation is damaged by untrue speech or take precaution against unforeseeable consequences.
✓ As per article 17 of the FDRE Constitution any, writing then they may have an action in the tort of ✓ The other simple way of determining the reasonable and
Ethiopian or foreign national lawfully in Ethiopia has the defamation (Art 2044 ff and 2109) prudent man standard is how we judge our activity.
right to liberty of movement. This freedom could be CONDUCT THAT GIVES RISE TO Hence, before we start any activity, the law expects us
restricted unlawfully. A person whose freedom is LIABILITY to ask ourselves the following questions: What is the
restricted could sue that person who interfered with her ✓ Conduct is a person’s behavior in a particular place or in likelihood that our particular activity will harm someone
liberty for interference with the liberty of another as it is a particular situation. else? If harm might occur, what is the likely hood of the
stated under article 2040 of the CCE or for false ✓ In legal sense, conduct is classified into two: Act and extent of the harm? What must I give up in order to
, imprisonment. omission. Act is defined as an external manifestation of avoid the risk to others?
2. Interest in property the actor’s will. Statutory Standard
Intention and Negligence ✓ The objective standard is not free from subjectivity for
…"[t]here is a subjective element in that it is left to the
