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Klaw 100: Tort One Question Paper
Klaw 100: Tort One
Course:Bachelor Of Laws (Llb)
Institution: Kabarak University question papers
Exam Year:2011
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
KLAW 100: TORT ONE
DAY: TUESDAY DATE: 07/08/2012
TIME: 2.00 – 4.00 P.M. STREAM: Y1S1
INSTRUCTIONS
1. Answer Question 1 and any two other questions
2. Question 1 carries 30 marks. All other questions carry Equall ((20)) marks
3. No materials are to be brought into the examination room
4. Candidates should illustrate their answers with appropriate case law and other
relevant authorities.
QUESTION ONE
1. Employer hired Driver to operate a delivery van. Before allowing Driver to operate the
van, Employer checked Driver’s prior job references, which required Driver to undergo a
physical examination by a medical doctor, and he provided Driver with extensive training in
motor vehicle safety. Medic, the medical doctor who examined Driver, discovered that Driver
had a sleep disorder that caused Driver to spontaneously fall asleep and that Driver had on
several occasions had fallen asleep while driving. Driver pleaded with Medic not to inform
Employer of the sleep disorder. Medic agreed, and omitted this information from the physical
examination form that he sent to Employer. Medic also sent a letter to Employer assuring
Employer that Driver was “in all respects fit for employment as a delivery van operator.”
Employer then provided Driver with a daily delivery route and paid him a monthly salary.
Employer has failed to maintain the vehicle for a number of months, while Driver was
making deliveries for Employer; the van left the road and struck Pedestrian, who suffered
severe injuries as a result. Pedestrian filed a lawsuit for the damages as a result of the injuries
sustained in the accident against Driver, Employer, and Medic.
a. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver’s alleged
negligence? Discuss. (10 marks)
b. What arguments will Pedestrian make in support of his claims of negligence? (10 marks)
c. What defences can reasonably be asserted, for the defendants and of the three defendants,
which is likely to prevail in a lawsuit filed by Pedestrian. (10 marks)
QUESTION TWO
2. Al Shakfeh Engineering Company has been engaged to construct a new building in
Nakuru. It is planned to be the highest building in the Nakuru town and is being built to
commemorate the Nakuru mayor. While the foundations of the building were being
excavated and prepared, the company built a number of shafts for main power supply cables.
In the process of laying down the electric shafts, Al Shakfeh Company failed to completely
seal one of the shafts. It rained and water flooded in the unsealed shaft, causing the adjacent
lands to flood. Motor mine factory lies adjacent to the new building under construction. The
flood has caused power failure in Motormines’ factory and flooded their mine fields.
Motormine factory has been unable to operate for the last three weeks and suffered
considerable amounts of damages.
a. Motor mine has approached you an Advocate in Wakili Bora & Company set out the
grounds for its’ legal claim. (10marks)
b) Assume you where approached by Al Shakef Engineering Company identify what general
defences in tort can be raised by Al Shakfeh Engineering Company. (10 marks)
QUESTION THREE
3. The real significance of legal damage is illustrated by two maxims namely: Injuria Sine
Damnum and Damnum sine injuria. Critically examine the two maxims using statutory
provisions and case law. (20 marks)
QUESTION FOUR
4. Adam accepted an invitation from his friend Mwangi to play a baseball game in Nairobi
sports club. Adam has recently had recently immigrated to Kenya and knows nothing about
baseball. During the game, a player, Onyango, hit a ground ball towards Adam. Adam fielded
the ball and threw it to Njoroge. Adam thought he was “safe.” Onyango began to argue with
Njoroge, and in frustration, Onyango threw his batting helmet to the ground. The helmet,
made of a strong, hard plastic material, bounced on the ground and flew, striking Adam on
the side of the head, causing a serious injury. Adam never saw the helmet coming towards
him because he was looking around the stadium at the time rather than at the play on the
field. As he was unfamiliar with the game of baseball, he did not know that objects
occasionally fly during a baseball game. Adam has approached you and wants to sue
Onyango for the injuries he has sustained. Critically discuss the legal issues in this case and asses whether Adam’s intended suit can succeed. (20 marks)
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