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 …

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 …

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 …

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 …