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Torts 1. Question Paper

Torts 1.

Course:Bachelor Of Laws

Institution: University Of Nairobi question papers

Exam Year:2010

INSTRUCTIONS.
Answer any THREE questions.
All questions carry equal marks.
1.Tortuous liability arises from the breach of duty primarily fixed by law;this duty is towards persons generally and its breach is redress able by an action for unliquidated damages.Explain this statement distinguishing tort from contract.(23 marks)
2a)Where the harm is attributable partly to the fault of the defendant and partly to that of the plaintiff then any award of damages may be reduced by reason of the plaintiff's fault.In the light of this statement discuss various rules relating to this defense.
b)An overloaded matatu with 25 adults and a child on it while driven on the correct side of the road was hit by a lorry owned and driven by Karau.The lorry was being driven at a high speed and was also on the wrong side of the road.As a result matatu driver was seriously injured.He sued Karau in tort.Karau admitted fault on his part of the matatu driver in that the matatu was overloaded.Advise matatu driver.(11 marks).
3a)The tort of trespass of land consists of the act (1) entering upon land in possession of the plaintiff or (2) remaining upon such land or (3) placing or projecting an object upon it-in each case without lawful justification.(12 marks).
b)A direct act of the defendant which has the effect of causing contact with the body of the plaintiff without the latter's consent amounts a tort.
Critically examine these statements discussing various ingredients of the torts involved.(11 marks).
4.Kenya Beach Hotel Ltd were celebrating their golden jubilee by displaying fireworks.One of the fireworks exploded causing fire which spread to the neighboring house of Mogaka.As a result Mogaka's house was damaged and his maid Sophia was severely burnt.A guest in the Hotel,Brian also suffered minor burns.Mogaka and Sophia sues Kenya Beach Hotel under Rule in Rylands and Fletcher and in trespass to land.Brian sues Kenya Beach Hotel in battery and Rylands and Fletcher.
Advise Kenya Beach Hotel on their liability and the defense or defenses,if any,available to them(23 marks).
5a)Discuss the doctrine of volentation fit injuia and its limitations.(11 marks)
b)Kibera and his wife Kabeberi went to Abba Supermarket Ltd. as customers.A Chandalier in the roof of the supermarket somehow broke and fell on Kibera.Kabeberi who was standing close to Kibera was not touched by the falling glass,but reasonably believing her husband to be in danger,she instinctively clutched his arm and tried to pull him from the spot.In doing so she herself was injured.Kabeberi sued Abba Supermarket Ltd in tort.Abba Supermarket admitted their fault but contented that Kabeberi has voluntarily agreed to take the risk and that she was also partly at fault. Advise Kabeberi.(12 Marks)
6.Write explanatory notes on any Two of the following.
a)Maxim damn um sine injuria.(12 marks)
b)Statutory authority.(12 marks)
c)Necessity.(12 marks)
d)Assault.(12 Marks)

Torts 1. Question Paper

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