In relation to law of tort i) Defence of volent non-fit injuria This literally means no injury is done to a willing person. If the alleged negligence is as a result of the willingness of the plaintiff, the defendant is Read More …
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Day: September 16, 2020
Msafiri transporters employed Dickson Makanyanga as a driver to transport passengers from Nairobi to Busia while on the way; Dickson Makanyanga drove the bus at high speed while negotiating a sharp corner. As a result, he lost control of the bus and caused an accident .A total of twenty passengers were injured while three passengers died on the spot. Judy aliaka, who sustained a head injury and was hospitalized for a long time, has sued for compensation but Msafiri transporters have denied liability. In reference to vicarious liability in the law of tort, discuss five legal principles that Judy Naliaka may rely on in her suit against Msafiri transporters.
Legal principles that Judy Naliaka may rely on in her suit against Msafiri transporters in reference to vicarious liability in the law of tort Under the principle the employer is normally held liable for the torts committed by the employee, Read More …
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The general rule is that motive is irrelevant in the law of tort for the purpose of liability explain the exception to this rule
Explain the exception to the general rule that motive is irrelevant in the law of tort for the purpose of liability Motive is the mental element or reason for doing something. It has more to do with malice. Generally, motive Read More …
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Janet Rama, a business lady sent a telephone message to Mary Kale a fellow business lady, accusing her of “stealing” her clients. The message contained abusive words to the effect that Mary Kale was “a witch” who uses “herbs” and witchcraft to lure customers to her saloon and boutique. In addition to sending the message to Mary Kale, Janet Rama sent the message to several customers of Mary Kale. As a result, Mary Kale has lost many customers and her business is threatened with closure. All the contents of the message were false. Mary Kale has come to you for legal advice. Required; i) Explain to Mary Kale the term “defamation” ii) Advise Mary Kale on her legal rights, if any.
(i) Meaning of the term “defamation” Defamation is the publication of a statement, which reflects on a person’s reputation and tends to lower him in the estimation of right thinking members of society generally, and tend to make them shun Read More …
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Roy Keen recently bought the car of his dreams, a BMW X 6 models. In a bid to show his friends www.masomomsingi.co.ke Page 10 how fast the car was, Roy Keen dashed off at a speed of one hundred kilometers per hour within the estate. The car lost control and crashed into a school van carrying pupils killing three of them on the spot. Roy Keen also perished in the accident The parents of the three deceased pupils intend to sue the administrators of Roy Keen’s estate. Required: Identify the legal principles applicable in the above case and advise the parents of the deceased pupils.
Legal principles applicable in the above case and advise the parents of the deceased pupils. The question concerns negligence on the part of Roy Keen. He owed the duty of care to road users and breached it. This resulted into Read More …
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In relation to the law of torts, explain the rule “Res ipsa Loquitur”
The rule of res ipsa loquitur A plaintiff may be relieved of the legal duty of proving the defendant’s negligence where the maxim res ipsa loquitur (the thing speaks for itself) applies. In such cases the negligence of the defendant Read More …
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Explain the defences available to an occupier, who is sued by a person injured within the occupier’s premises.
Defences available to an occupier sued by a person injured within occupiers premises That the accident was due to the negligence of an independent contractor. That he had given warning signs. That the person was a trespasser. That the injured Read More …
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Ambrose Mpaka employed Bernard Mpole, an independent contractor to undertake some excavation work on his land. In the process, a greenhouse belonging to Eli Jirani, a neighbour was damaged by the debris from the excavations. Eli Jirani’s employees took advantage of the situation and looted all the plants in the greenhouse. Eli Jirani is aggrieved and seeks your legal advice as to whether he could successfully sue Ambrose Mpaka. Advise Eli Jirani on the legal principles applicable in the above case.
Legal principle in this case is strict liability (Ryland V Fletcher) Anyone who brings or collects anything on his land which is likely to do harm if it escapes must keep it at his own risk otherwise he will be Read More …
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In relation to the law of tort explain: Negligence.
Negligence Means the breach of a legal duty of care which results in loss/damage, undesired by the defendant, to the plaintiff For a person to succeed in a suit for negligence, he must prove the following;- That the defendant owed Read More …
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Damnum sine injuria in relation to the law of tort
Damnum sine injuria Means loss without a infringement of legal right It is loss which does not give rise to an action for damages against the person causing it.
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