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Law Of Torts Question Paper

Law Of Torts

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010

Answer any question ONE and any other TWO questions.

1.Mr.Sonko,a maverick and flamboyant business mogul from Nairobi,chanced upon a glossy prospectus inviting the public to subscribe for shares in Anglo-Fleecing Ltd.The prospectus, prepared by Messrs Pay Without Caution Consultants(PWC),stated that(i)Anglo-Fleecing Ltd was a company incorporated in the Isle of Man;(ii)the company operated chains of luxury resorts in various dream islands and beaches across the world;and (iii)the company had a sound capital base and a tremendous potential for a high return on investment.Annexed to and forming part of the prospectus were the Company's financial statements,prepared by Messrs Frankwood & Partners.The last paragraph of the prospectus stated,"This prospectus is only for general information.Potential investors should seek independent professional opinion before investing in the company."Relying solely on the prospectus and the annexed financial statements,Mr.Sonko subscribed for shares in Anglo-Fleecing Ltd.,for which he paid Kshs.500 million.A few weeks later,on a cool moonlit evening,while driving on Nairobi's Koinange Street,a male voice bellowed from the stereo on Sonko's car to announce what the presenter called "breaking news".Anglo-Fleecing Ltd.,the presenter stated,was a phantom company;the monies that various investors had paid for its shares had gone into a secret private bank account in the Cayman Islands.The police,the presenter continued,had failed to act on prior information from Interpol that would have prevented the fraud.No sooner had the presenter finished announcing the breaking news than Mr.Sonko lost control of his car,ramming it onto the wall of a famous restaurant on the street.The impact of the crash subsequently necessitated a head surgery at Nirvana Hospital,which,for some inexplicable reasons,left Sonko paralyzed from the waist downwards.The crash also drew the attention of the twilight girls present on the notorious street,who took advantage of the ensuing confusion to steal a few of Mr.Sonko's personal items,creating a spectacular melee that attracted many curious onlookers.The melee also attracted journalists from Venus Publishers Ltd.who covered the mayhem and went on to publish on their weekly tabloid a headline story titled "The Scramble for Sonko:Koinange Street Girls Impound Tycoon's Items for Refusal to Pay Pleasure Services."Mr.Sonko is contemplating suing PWC,Frankwood & Partners,the Police and Nirvana Hospital with a view to recovering damages for his losses.He now seeks your brief legal opinion on the nature of his claim against the tortfeasors.Mr.Sonko does not trust lawyers very much,having heard(on many occasions)that "all lawyers are liars. "Accordingly,he wants you to dedicate a small part of the opinion on tortious liability of lawyers in respect of substandard legal services.Kindly provide the necessary legal opinion.
(30 marks)

2."It is ...settled law that a defendant is not guilty of libel unless he wrote and published the defamatory words "of and concerning the plaintiff"-in other words,uless he intended them to refer to the plaintiff..."_______Fletcher Moulton L.J.({1902} 2 K.B.444),A Casebook on Tort,10th Edition,Sweet & Maxwell,London at p.535.

Discuss the correctness or otherwise of the above dicta. (20 marks)

3.Discuss the requirements of the rule in Rylands v Fletcher(1865)3 H.&C. (20 marks)

4.Briefly explain the applicable legal rules to each of the following:-
a.)The basis of liability in respect of nuisances productive of sensible personal discomfort;

b.)Adoption and continuation of nuisance;

c.)The relevancy of motive in nuisance suits;

d.)The right to sue in tort with respect to a public nuisance;and

e.)The defence that a nuisance pre-dates a plaintiff's user /occupation of land.
(20 marks)
5.An employer is vicariously liable for the torts committed by his/her employees while in the course of employment.He may be so liable even where the employee has no actual authority to engage in the act or omission in question.Discuss the rules on such liability.
(20 marks)

Law Of Torts Question Paper

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