The Law Of Torts. Question Paper

The Law Of Torts.

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2011

INSTRUCTIONS.
(a)Answer only one question.
(b)Each question has a maximum of 15 marks.
(c)The total time allowed for this test is one hour(that is 60 minutes).
(d)This is a closed book test.Cheating will be penalized in accordance with university statutes.
(e)Marks may be lost for irrelevancy,illegibility or vagueness.
QUESTIONS.
1. There are some facts and omissions which,howsoever harmful,are not wrongful in the eyes of the law and hence are not justifiable.Equally,some acts and omissions are wrongful in the eyes of the law and are justifiable regardless of whether the person who complains of them has suffered any harm.
Discuss the foregoing propositions,identifying the relevant legal maxims and the rationales for the applicable rules,illustrating your arguments with relevant authorities.
2.Discuss the three-stage test of establishing the existence of a duty of care for purposes of the tort of negligence, illustrating your arguments with relevant authorities.
3."The law has an extra-ordinary regard for truth, and just as it makes a person liable for a white lie,it makes a person immune in respect to the black truth."- Weir,T(2004). a casebook on Tort,10th edition, Sweet and Maxwell, London,at page 520.
Discuss the above propositions,illustrating your arguments with relevant authorities.

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