In the words of Anderson B. in Blyth V. Birmingham Water Works Co. negligence is the
“omission to do something which a reasonable man, guided upon those consideration which ordinarily
regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man
would not do.”
It is the doing of what a reasonable man would not have done in the circumstances or not
doing what he would have done.
In order to succeed in an action based on negligence, the plaintiff must establish the
elements of the tort that is:
(i) Legal duty of care.
(ii) Breach of duty.
(iii) Loss or damage.
These are the elements of the tort of negligence.
maurice.mutuku answered the question on May 2, 2018 at 12:00
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Mutiso owned a bakery in Kangundo Town. He sold it last year to Munyao. He agreed, as
part of the sale, not to carry on a...
(Solved)
Mutiso owned a bakery in Kangundo Town. He sold it last year to Munyao. He agreed, as
part of the sale, not to carry on a bakery business for a period of 3 years within 200 miles
radius of the bakery he had sold. He has now decided to open a bakery in Machakos Town
and seeks your advice as to whether he can legally do so. What advice would you give him?
Date posted:
May 2, 2018
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Answers (1)
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May 2, 2018
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May 2, 2018
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May 2, 2018
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May 2, 2018
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May 2, 2018
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May 2, 2018
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Examine the salient obligations of the banker and customer in a banker and customer
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May 2, 2018
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Distinguish between a cheque and a bill of exchange.
Date posted:
May 2, 2018
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Mpenda Raha traveled to London to watch the Golden Jubilee celebration of the
Queen's ascension to the throne. Mpenda Raha hired a room in a hotel...
(Solved)
Mpenda Raha traveled to London to watch the Golden Jubilee celebration of the
Queen's ascension to the throne. Mpenda Raha hired a room in a hotel from where
he would have an advantage view of the Queen‟s procession. On the appointed day,
Mpenda Raha could not view the procession due to crowds which obstructed his view of the
Queen's procession. Mpenda Raha is seeking for refund of his money which he had paid to the hotel.
Citing relevant legal principles, explain whether Mpenda Raha will
be successful in getting a refund of the money paid to the hotel.
Date posted:
May 2, 2018
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Answers (1)
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Explain whether there is a binding agreement where Tom wrote to Jerry offering to sell his car to him at 500,000. Jerry accepted Tom's offer...
(Solved)
Explain whether there is a binding agreement where Tom wrote to Jerry offering to sell his car to him at 500,000. Jerry accepted Tom's offer subject to the price being reduced to Sh. 450,000. It has
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Jerry now writes to Tom agreeing to buy the car for Kshs. 500,000.
Date posted:
May 2, 2018
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Answers (1)
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Explain whether there is a binding agreement where Dick posted a letter offering to sell goods to Harman on certain terms. Upon
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(Solved)
Explain whether there is a binding agreement where Dick posted a letter offering to sell goods to Harman on certain terms. Upon
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Date posted:
May 2, 2018
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Answers (1)
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“For an agreement to be legally binding offer and acceptance must be
communicated”. State and briefly explain the exceptions to this rule
(Solved)
“For an agreement to be legally binding offer and acceptance must be
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Date posted:
May 2, 2018
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Answers (1)
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Date posted:
May 2, 2018
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Outline the various ways in which the independence of the judiciary may be achieved
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(Solved)
Outline the various ways in which the independence of the judiciary may be achieved
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Date posted:
May 2, 2018
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(Solved)
Distinguish between bilateral and unilateral discharge of contract.
Date posted:
May 2, 2018
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Answers (1)
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With the aid of decided cases explain the salient rules of consideration.
Date posted:
May 2, 2018
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“The office of the chief justice is a critical office in the judiciary of a country” Discuss
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Date posted:
May 2, 2018
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May 2, 2018
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May 2, 2018
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