Two classifications of damages are: Ordinary or general damages – These are restricted to the proximate consequences of breach of contract and remote consequences are not generally regarded. Special damages – These do not arise naturally from breach of contract, Read More …
Day: September 16, 2020
Distinguish between “contract” and “tort”
Distinction between tort and contract Contract Tort · In contract, the duties are fixed by the parties themselves. · A contract necessitates privity between the parties. · The duty is owed to definite person or persons · Damages for breach Read More …
Distinguish between “libel” and “slander”.
Difference between Libel and slander Libel Slander Can give rise to criminal or civil liability Is a civil wrong Is in permanent form Is in transitory form and is conveyed speech or gestures Is actionable without proof of damage Read More …
Discuss five exceptions to the rule in Ryland‟s v. Fletcher.
Five exceptions to the rule in Rylands v. Flctcher. i) The escape was caused by an act of God. ii) The escape of the thing was caused by the plaintiff himself. The defendant is not liable since the plaintiff brought Read More …
Discuss four circumstances under which the government might not be held liable in tort.
Defences to the above torts (trespasses) Trespass to person: Consent – where the plaintiff consents, his claim will be bad. The consent must be real. Self-defence: Trespass to person is justified if it is committed in reasonable defense. Trespass to Read More …
Discuss three types of trespasses.
The tort of trespass is divided into the following three trespasses Trespass to person – Relates to any direct interference with the person of another, it includes assault, battery and false imprisonment. Trespass to goods – An action for trespass Read More …
The tort of trespass might be committed on persons, land or goods. With reference to the above statement, describe : types of trespass on goods.
Types of trespass on goods: Trespass on chattels or goods – This tort consists of interference with goods which arc ill the actual or constructive possession of the plaintiff. Detinue – This is the wrongful withholding of goods of another. Read More …
The tort of trespass might be committed on persons, land or goods. With reference to the above statement, describe the types of trespass on persons.
Types of trespass on persons: Assault – The conduct or.ibrcstto.do.violence.to another in circumstances giving rise to the apprehension that the person is in real danger. Battery – Actual unwarranted striking or hitting of another 0: mere touching in a rude Read More …
Describe the implied authority of a partner in every partnership business.
Implied Authority of a partner In a trading firm the implied authority of a partner has been held to include: Purchasing goods on behalf of the firm. Selling goods for the firm. Receiving payments of the debts due to the Read More …
Highlight two ways in which a legal person can be created
Ways in which a legal person can be created Registration: This is a process if incorporation provided by the Companies Act. It is evidenced by a certificate of Incorporation which is the ‘birth certificate’ of the corporation. Corporations created by Read More …