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Klaw 106:Tort Ii December 2010 Question Paper
Klaw 106:Tort Ii December 2010
Course:Bachelor Of Laws
Institution: Kabarak University question papers
Exam Year:2010
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2010/2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 106
INSTRUCTIONS:
1. Answer Question ONE and any other TWO Questions
2. Cases and Examples will attract more Marks
3. Marks will be lost for illegibility
1.(a). Law of tort offers protection for a person from injury to his/her reputation. Defamation is
publication of a statement which tends to lower the reputation of the Plaintiff in the
estimation of the right thinking members of the society. One of the requirements which
the Plaintiff must prove is that the statement must be defamatory.
Briefly discuss this requirement bringing out the elements of Innuendo and Juxtaposition
and support your answer with decided authorities. (10 Marks)
(b). A public school teacher wants to sue the assistant principal for defamation. She claims
that the assistant principal prepared an evaluation report after a classroom visitation and
that the evaluation falsely represented what had occurred during his visit. As a result of
this evaluation, the assistant principal recommended to the principal that the teacher be
terminated. This recommendation was conveyed to the school board as she was
terminated. She claims that the assistant principal also spoke to several of her peers about
the evaluation and what he represented to them was erroneous.
Explain what she must prove if she is to bring a successful defamation claim. Advise her
of the bitfalls if she were to attempt to bring suit. (10 Marks)
(c). Compare and Contrast the torts of trespass to Goods and conversion. Why is it more
common for the claimant to sue for conversion that for trespass to Goods? (10 Marks)
(TOTAL MARKS 30)
2.(a). Analyse and Discuss the Judgment of the House of Lords in Hunter –vs- Canary Wharf
with regard to the Ruling that a claimant must have a sufficient interest in Land
(property) in order to sue in private nuisance. (5 Marks)
(b). “Every man is bound to use his own property in such a manner as not to injure the
property of his neighbour or not to make discomfort in enjoyment of his neighbour’s
property, unless enjoying rights obtained by prescription or agreement”. Lord Blackburn
in St. Hellen’s Smelting Co. Ltd. –vs- Tipping [HOL] (1865).
Briefly discuss the facts in the above case and in your discussion bring out clearly
arguments from defence lawyer and the response of the Court to the same and what
instances the Court said can or can not amount to private nuisance generally. (15 Marks)
(TOTAL MARKS 20)
3. “If a person who, for his own purposes, brings onto his own land, collects and keeps there
anything likely to do mischief if it escapes, he must keep it at his own peril. And if it
escapes, he is prima facie answerable for all damages which is the natural consequence of
the Escape”.
Court of Exchaquer, Blackburn J in Rylanda –vs- Fletcher
Briefly summarize the facts in the above case and proceed to analyse requirements for the
application of the Rule in above case as given both in Court of Exchequer and House of
Lords. (20 Marks)
4. Dina aged sixteen lives at home with her mother Mary, in a village where the age of
majority is eighteen. Mary is aware that Dina has recently exhibited a sometimes violent
and divisionary nature diagnosed as schizophrenia and has attacked persons in the
neighbourhood. Medication that can control Dina’s behaviour has been prescribed but
without Mary’s knowledge, Dina has stopped taking it.
One day Dina approached a neighbour Paul, she came face to face with him. Without
provocation, she gestured threateningly and screamed “I know you are to get me but I am
going to get you first” then strode away.
Paul who did not know about Dina’s state phoned Mary and explained what had
happened. Mary reassured him that Dina is harmless and it will not happen again. Paul
believed Mary. Mary questioned Dina about the incident and scolded her.
The following day Dina saw Paul and got on her Bicycle and rode it as rapidly as she
could directly to Paul. Although Dina swerved away from Paul at the last moment, Paul
reacted by diving to one side. He struck his heed on the curb and suffered a severe
concussion and facial injuries.
Paul has sued Dina alleging tortious cause of action.
Discuss whether Paul is entitled to recover against Dina for assault and Battery.
(10 Marks)
(b). Discuss the requirements that for trespass to occur in regard to Land, there must be
interference to the Plaintiff’s Land and the interference must be intentional. (10 Marks)
(TOTAL MARKS 20)
5.(a). In 2003 A owed I Million to B on account of goods supplied to him. He gave him post -
dated cheques which B was to bank on a monthly basis. When it had remained 1 cheque
of Kshs. 50,000/=, A realized there were no enough funds and requested B not bank the
same B proceeded to bank it and it bounced. He reported him to the police. A was
summoned. He tried to argue that this was a civil claim but to no avail. He was locked up
in cells. His friends tried to pay in cash the Kshs. 50,000/= but B refused. After 4 days in
cells, he was taken to Court and charged with obtaining goods by false pretence. After
hearing, the court acquitted him on no case to answer.
He has gone to Court against B and the Attorney General on malicious prosecution. You
are now the Judge. Briefly analyse the situation and deliver the judgment. (10 Marks)
(b). One of the defences in occupier’s liability is exclusion clause which has been properly
brought to the attention of the Plaintiff.
Briefly explain when this can help the Defendant to escape liability supporting your
answer with cases. (10 Marks)
(TOTAL MARKS 20)
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