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LAW OF TORTS

(LAW 222)

Fall Semester, 2010-2011

Instructor: Maryam Khan

Course Timings: Mondays & Wednesdays, 4.00 – 5.50 pm

Office Hours: Tuesdays, 11 am – 5 pm

Contact: maryamk@lums.edu.pk ; ext. 2277

 Course Objectives

The emphasis of this 4-unit course is on the Law of Tort as it has developed and continues to

evolve in South Asia – though as the progenitor of the common law, the English jurisdiction figures

prominently in areas that are characterized by a vacuum in Pakistani and Indian law. The broader

objective of this course is two-fold: to survey and examine the doctrinal elements surrounding each

tort and, more importantly, to critically analyze the sociological issues and developments

surrounding tort liability in the Pakistani legal milieu through a comparative lens. The course is

divided into two parts. The first lays down a historical and theoretical framework, leading up to a

closer look at the familiar paradigm of “underdevelopment” of the Law of Tort in South Asia. This

prologue helps to frame the critical dimension of the course which runs through the second part on

substantive law.

 Teaching Methodology & Grading

The course content is demanding and rigorous, and primarily case-based as far as substantive law

is concerned. The objective is to accustom students to engage with primary legal sources and to

apply their critical insights to the socio-legal context of Pakistan. To this end, classes will be

structured to allow as much interactive dialogue as possible. Students are thus expected to come

to class prepared. Attendance will be strictly enforced: (a) any student who is more than 10 minutes

late to class will be marked absent and may, at the instructor’s discretion, be barred from sitting in

that class; and (b) more than 3 absences will lead to a grade reduction unless the absence has been

approved by the instructor in her discretion prior to the class in question (absences for

extracurricular activities will not be excused).

The final grade for the course will comprise of the aggregate of the following grading instruments:

Class Participation 20%

Midterm 20%

Quiz 20%

Final Paper 40%

Further guidelines for the above will be provided in class in due course.

COURSE SYLLABUS

Syllabus Key

o Statutory laws

 Cases/judgments

PART I Theory, History & Sociology of Tort Law

1. Introduction

No readings.

2. Nature & Functions of Tort

 Theories of Tort Law:

Jules Coleman, “Theories of Tort Law,” Stanford Encyclopedia of Philosophy,

2003. Available at http://plato.stanford.edu/entries/tort-theories/

 Islam and “Crim-Torts”?:

Mohammad Ma’sum Billah, “Quantum of Damages in Takaful (Islamic

Insurance): A Reappraisal of the Possibility of Adopting the Doctrines of Al-

Diyah and Al-Daman,” Arab Law Quarterly, Vol. 14, No. 4 (1999), pp. 339-347.

JSTOR

3. Colonial Backdrop

 Anglo-Indian Developments:

Courtenay Ilbert, “Application of European Law to Natives of India,” Journal of

the Society of Comparative Legislation, Vol. 1 (1896-1897), pp. 212-226. JSTOR.

 To Codify or Not to Codify?:

(i) Sir Frederick Pollock, “The Law of Torts: A Treatise on the Principles of

Obligations arising from Civil Wrongs in the Common Law,” to which is added

the Draft of a Civil Wrongs Bill, Prepared for the Government of India, (4

ed.),

1886, pp. 536-539, 561-566. Available at

http://files.libertyfund.org/files/2123/Pollock_1428_Bk.pdf

(ii) Sir Henry Maine, Minutes. Excerpts.

4. Contemporary Systems in Comparison

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LAW OF TORTS (LAW 222) Fall Semester, 2010-2011 Instructor: Maryam Khan Course Timings: Mondays & Wednesdays, 4.00 – 5.50 pm Office Hours: Tuesdays, 11 am – 5 pm Contact: maryamk@lums.edu.pk ; ext. 2277 Course Objectives The emphasis of this 4-unit course is on the Law of Tort as it has developed and continues to evolve in South Asia – though as the progenitor of the common law, the English jurisdiction figures prominently in areas that are characterized by a vacuum in Pakistani and Indian law. The broader objective of this course is two-fold: to survey and examine the doctrinal elements surrounding each tort and, more importantly, to critically analyze the sociological issues and developments surrounding tort liability in the Pakistani legal milieu through a comparative lens. The course is divided into two parts. The first lays down a historical and theoretical framework, leading up to a closer look at the familiar paradigm of “underdevelopment” of the Law of Tort in South Asia. This prologue helps to frame the critical dimension of the course which runs through the second part on substantive law. Teaching Methodology & Grading The course content is demanding and rigorous, and primarily case-based as far as substantive law is concerned. The objective is to accustom students to engage with primary legal sources and to apply their critical insights to the socio-legal context of Pakistan. To this end, classes will be structured to allow as much i ...
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