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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Month: September 2020
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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Outline two classifications of damages.
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 …
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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 …
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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 …
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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 …
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