This is the rule of strict liability or liability without fault.
The principle in this rule is that a person who for his own purpose brings on his land and
collects and keeps there anything likely to do mischief if it escapes does so at his peril and is
prima facie answerable for all the damage which is the natural consequence of its escape.
This principle was formulated in Rylands V. Fletcher where an employer was held liable for
the negligence of an independent contractor.
For this rule to apply, certain conditions are necessary:
(a) Non-natural user of land.
(b) Bringing, collecting and keeping things.
(c) Things must be capable of causing mischief if they escape.
(d) Things must have escaped.
(e) Interference with the plaintiffs use of his land.
maurice.mutuku answered the question on April 25, 2018 at 08:47
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Karanja has been a tenant in Wamalwa?s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa...
(Solved)
Karanja has been a tenant in Wamalwa‟s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa is aggrieved as
Karanja has broken all the doors in the house following several fights with his wife.
Wamalwa now seeks your advice on the various ways in which he may terminate the
lease agreement and lawfully evict
Karanja.
Advise Wamalwa.
Date posted:
April 25, 2018
.
Answers (1)
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Explain the main characteristics of easements.
(Solved)
Explain the main characteristics of easements.
Date posted:
April 25, 2018
.
Answers (1)
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Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most...
(Solved)
Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in
the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole
Ndume who did not know of the reward volunteered information to Inspector Sniff
and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole
Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt
of the reward. He seeks your legal advice on whether he can successfully claim the
reward.
Advice Ole Ndume.
Date posted:
April 25, 2018
.
Answers (1)
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What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.
(Solved)
What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.
Date posted:
April 25, 2018
.
Answers (1)
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Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.
(Solved)
Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.
Date posted:
April 25, 2018
.
Answers (1)
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Beeky and Beth entered into a partnership selling girls clothing under the registered name of Girlie Becky, without consulting Beth set up a boys clothing shop...
(Solved)
Beeky and Beth entered into a partnership selling girls? clothing under the registered
name of Girlie Becky, without consulting Beth set up a boy's clothing shop under
the registered name “BOYZ Clothes” while retaining her partnership with "Girlie". This
has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky
admission to the firm;s premises and will not discuss the position with Becky.
Beth wishes to dissolve the partnership and would like Becky to account for profits she
has derived from BOYZ Cloths.”.
Advise Beth.
Date posted:
April 25, 2018
.
Answers (1)
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State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.
(Solved)
State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.
Date posted:
April 25, 2018
.
Answers (1)
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Explain the ways in which a Partnership may be dissolved without a court order.
(Solved)
Explain the ways in which a Partnership may be dissolved without a court order.
Date posted:
April 25, 2018
.
Answers (1)
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Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase...
(Solved)
Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000
and the balance was payable by monthly instalments of Sh. 5,000. After paying
instalments for six months, he defaulted. Malipo Rahisi ltd. Promptly repossessed the
goods.
Discuss the legal position.
Date posted:
April 24, 2018
.
Answers (1)
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Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and...
(Solved)
Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and explain five such provisions.
Date posted:
April 24, 2018
.
Answers (1)
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Name the criticisms that have been leveled against delegate legislation as a source of law.
(Solved)
Name the criticisms that have been leveled against delegate legislation as a source of law.
Date posted:
April 24, 2018
.
Answers (1)
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Distinguish between ratio decidendi and obiter dicta
(Solved)
Distinguish between ratio decidendi and obiter dicta.
Date posted:
April 24, 2018
.
Answers (1)
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Discuss the limitation of Islamic Law as a source of Law.
(Solved)
Discuss the limitation of Islamic Law as a source of Law.
Date posted:
April 24, 2018
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Answers (1)
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Explain five duties of a landlord in a tenancy agreement.
(Solved)
Explain five duties of a landlord in a tenancy agreement.
Date posted:
April 24, 2018
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Answers (1)
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Under what circumstance is a person considered a pro non grata?
(Solved)
Under what circumstance is a person considered a pro non grata?
Date posted:
April 23, 2018
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Answers (1)
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In relation to the law governing insurance, explain five basic principles of insurance
(Solved)
In relation to the law governing insurance, explain five basic principles of insurance.
Date posted:
April 18, 2018
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Answers (1)
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The Sale of Goods Act states that it is the duty of the seller to deliver goods and of the
buyer to accept and pay for...
(Solved)
The Sale of Goods Act states that it is the duty of the seller to deliver goods and of the
buyer to accept and pay for them in accordance with the terms of the contract of sale.
(i) Explain the meaning and effect of this Act.
(ii) Describe the seller's duties in connection with delivery and indicate what constitutes acceptance by the buyer.
Date posted:
April 18, 2018
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Answers (1)
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Mike is offered and accepts a post of an accountant to start work in three weeks. A week later he receives a letter from his...
(Solved)
Mike is offered and accepts a post of an accountant to start work in three weeks. A week later he receives a letter from his prospective employer stating that his services will not be required.
Advise Mike.
Date posted:
April 18, 2018
.
Answers (1)
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The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed...
(Solved)
The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed as of right whilst other remedies will depend upon the exercise of discretion by the court.
Discuss this statement.
Date posted:
April 18, 2018
.
Answers (1)
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Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of...
(Solved)
Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of such clauses.
Date posted:
April 18, 2018
.
Answers (1)