Get premium membership and access questions with answers, video lessons as well as revision papers.
This rule is to the effect that a person who for his own purpose brings and keep things
capable of causing mischief is they escape is prima facie answerable for all the damage
which is the natural consequence of their escape.
This is the rule of strict liability or liability without fault.
The rule was enunciated in Rylands V. Fletcher where an employer was held liable for
the negligence of an independent contractor, he had engaged.
Defences to the rule:
(i) Contributory negligence: this defence can only be relied upon if the
plaintiff contributed to the escape.
(ii) Plaintiff's benefit/consent: if the plaintiff consented to the bringing of the thing
or benefits from it, an action against the defendant for its escape is unsustainable.
(iii) Acts of a stranger: this defence is available if the escape is occasioned by
the unforeseen acts of a third party.
(iv) Statutory authority: the defendant has a complete defence if the accumulation
is authorized by an Act of parliament and he acted in accordance with the provisions of
the Act.
(v) Act of God: this is a defence where the escape is wholly attributable to natural
causes without human intervention and no human foresight. Could have recognized it
was a possibility.
maurice.mutuku answered the question on May 1, 2018 at 14:05
- What is meant by the phrase “contract uberrimae fides?"(Solved)
What is meant by the phrase “contract uberrimae fides?"
Date posted: May 1, 2018. Answers (1)
- To what extent is it true that a contract does not arise until acceptance is communicated
to the offeror?(Solved)
To what extent is it true that a contract does not arise until acceptance is communicated
to the offeror?
Date posted: May 1, 2018. Answers (1)
- S sells a car to P. The agreement contains the following clause; “since the car is sold
cheaply, on no condition or warranty that the car...(Solved)
S sells a car to P. the agreement contains the following clause; “since the car is sold
cheaply, on no condition or warranty that the car is roadworthy is given.” The car fails
to move from the show room. S insists a legitimate deal has been concluded. Advise P.
Date posted: May 1, 2018. Answers (1)
- What is delegated legislation? What are the advantages and disadvantages of delegated legislation
as a source of law of Kenya?(Solved)
What is delegated legislation? What are the advantages and disadvantages of delegated legislation
as a source of law of Kenya?
Date posted: May 1, 2018. Answers (1)
- Section 28 of the Accountants Act (Cap 531) identifies acts and omissions, which
constitute professional misconduct by a certified public accountant. Enumerate the
salient commissions and omissions...(Solved)
Section 28 of the Accountants Act (Cap 531) identifies acts and omissions, which
constitute professional misconduct by a certified public accountant. Enumerate the
salient commissions and omissions which constitute professional misconduct.
Date posted: May 1, 2018. Answers (1)
- A agreed with B that B would buy from him ten tones of sugar. The sugar was described
to be stored in a go down in...(Solved)
A agreed with B that B would buy from him ten tones of sugar. The sugar was described
to be stored in a go down in Nyeri. Subsequent to the agreement, the following facts
have come to light:
(i) That when the agreement was being concluded, B held a gun in his hands and
A could see the gun.
(ii) That the goods were destroyed by fire a day after the contract was concluded.
(iii) That B was infact a minor.
Discuss the legal position.
Date posted: May 1, 2018. Answers (1)
- How may a contract that has been validly concluded be otherwise declared
unenforceable?(Solved)
How may a contract that has been validly concluded be otherwise declared
unenforceable?
Date posted: May 1, 2018. Answers (1)
- Kariuki entered sunset supermarket, picked up one of the wire baskets provided and
filled it with groceries from the shelves. As he was approaching the cashier...(Solved)
Kariuki entered sunset supermarket, picked up one of the wire baskets provided and
filled it with groceries from the shelves. As he was approaching the cashier he realized
that his purse had been stolen and decided to replace the goods on the shelve. The
manager of the supermarket who had been observing Kariuki's movements
instructed one of his assistants to approach Kariuki and tell him that the goods had
been sold and he could not replace them on the shelves. Advise Kariuki.
Date posted: May 1, 2018. Answers (1)
- Write short notes on parties to an insurance contract.(Solved)
Write short notes on parties to an insurance contract.
Date posted: May 1, 2018. Answers (1)
- Write short notes on cover note.(Solved)
Write short notes on cover note.
Date posted: May 1, 2018. Answers (1)
- Mokua married Kemunto in 1970. Both have lived happily with their son Joash until
Mokua died in a tragic road accident in November 1991. Unfortunately Mokua...(Solved)
Mokua married Kemunto in 1970. Both have lived happily with their son Joash until
Mokua died in a tragic road accident in November 1991. Unfortunately Mokua had not
made a will in respect of all his free property. Kemunto does not know her rights over
the property left by her husband. She comes to you for advice.
Advice her.
Would you advice be different if they had no child?
Date posted: May 1, 2018. Answers (1)
- In what circumstance will a gift in contemplating of death be defeated?(Solved)
In what circumstance will a gift in contemplating of death be defeated?
Date posted: May 1, 2018. Answers (1)
- Examine the rights and duties of a holder of a bill of exchange.(Solved)
Examine the rights and duties of a holder of a bill of exchange.
Date posted: May 1, 2018. Answers (1)
- What is a holder in due course and how does he differ from a holder for value?(Solved)
What is a holder in due course and how does he differ from a holder for value?
Date posted: May 1, 2018. Answers (1)
- In what circumstances may the High court set aside an arbitral award?(Solved)
In what circumstances may the High court set aside an arbitral award?
Date posted: May 1, 2018. Answers (1)
- Explain the ways in which arbitral tribunals may be appointed.(Solved)
Explain the ways in which arbitral tribunals may be appointed.
Date posted: May 1, 2018. Answers (1)
- Explain what is meant by Obiter dicta.(Solved)
Explain what is meant by Obiter dicta.
Date posted: May 1, 2018. Answers (1)
- What is meant by "Ratio decidendi?".(Solved)
What is meant by "Ratio decidendi?".
Date posted: May 1, 2018. Answers (1)
- What is the importance of stare decisis in the doctrine of precedent?(Solved)
What is the importance of stare decisis in the doctrine of precedent?
Date posted: May 1, 2018. Answers (1)
- Explain the legal principles applicable where F cut down the branches of a mango tree belonging to G, his neighbour, which
had extended to his land....(Solved)
Explain the legal principles applicable where F cut down the branches of a mango tree belonging to G, his neighbour, which
had extended to his land. He picked the ripe mangoes from the fallen branches
and gave all of them to children in his vicinity.
Date posted: May 1, 2018. Answers (1)