Get premium membership and access questions with answers, video lessons as well as revision papers.
Under the provisions of the Occupiers Liability Act, cap 34, laws of Kenya, an occupier
owes all invitees a common duty of care. This is a duty to take such care as in all the
circumstances of the case is reasonable to see that the visitor is reasonably safe in using the
premises for the purpose for which he is invited or permitted by the occupier to be there.
An occupier owes this duty to all other persons permitted by law to enter upon his premises.
In determining whether an occupier has discharged his common duty of care regard must be
had to:
(i) Whether the invitee is a child.
(ii) Whether the invitee was exercising his calling.
(iii) Whether the visitor was injured through the faulty execution of a task by
an independent contractor.
(iv) Whether the invitee had consented to the risk.
(v) Whether the occupier had given adequate warning and displayed the
same conspicuously.
(vi) Whether the person injured is a trespasser.
maurice.mutuku answered the question on May 3, 2018 at 05:32
- In relation to partnership law write explanatory notes on admission of a new partner.(Solved)
In relation to partnership law write explanatory notes on admission of a new partner.
Date posted: May 3, 2018. Answers (1)
- In relation to partnership law write explanatory notes on Incapacities of an assignee Partner.(Solved)
In relation to partnership law write explanatory notes on Incapacities of an assignee Partner.
Date posted: May 2, 2018. Answers (1)
- In relation to partnership law write explanatory notes on the Expulsion of a partner.(Solved)
In relation to partnership law write explanatory notes on the Expulsion of a partner.
Date posted: May 2, 2018. Answers (1)
- Shah, in response to an inquiry by Onyango regarding the possible sale of his
(Shah's) car, wrote to Onyango stating, “I have decided to sell to...(Solved)
Shah, in response to an inquiry by Onyango regarding the possible sale of his
(Shah's) car, wrote to Onyango stating, “I have decided to sell to you my car for
$5,000. If I hear nothing from you before next Sunday, I will take it that you have
accepted. “Onyango considered the price to be too high and decided to look for another
car but forgot to reply to Shah's letter. Shah is now threatening to sue Onyango for
breach of contract.
Advise Onyango.
Date posted: May 2, 2018. Answers (1)
- In what circumstance will a contract be vitiated by common mistake?(Solved)
In what circumstance will a contract be vitiated by common mistake?
Date posted: May 2, 2018. Answers (1)
- Distinguish between principal and subsidiary sources of law.(Solved)
Distinguish between principal and subsidiary sources of law.
Date posted: May 2, 2018. Answers (1)
- What to you understand by the phrase “Source of law”?(Solved)
What to you understand by the phrase “Source of law”?
Date posted: May 2, 2018. Answers (1)
- State the circumstances in which the guarantor will be discharged.(Solved)
State the circumstances in which the guarantor will be discharged.
Date posted: May 2, 2018. Answers (1)
- Distinguish between a contract of guarantee and a contract of indemnity.(Solved)
Distinguish between a contract of guarantee and a contract of indemnity.
Date posted: May 2, 2018. Answers (1)
- Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his
secretary, to fill in a certain amount and to X?s name as payee....(Solved)
Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his
secretary, to fill in a certain amount and to X‟s name as payee. Atieno filled in a
large amount made the cheque payble to Nairobi Harambee Secondary School and gave
it to her brother to take it to the school in order to pay the outstanding school fees. The
Nairobi Harambee secondary school cashed the cheque in good faith. Onyango wants to
know his rights, if any, against the school. Advice onyango.
Date posted: May 2, 2018. Answers (1)
- Examine the circumstances in which a banker has no authority to honour a cheque drawn
on him.(Solved)
Examine the circumstances in which a banker has no authority to honour a cheque drawn
on him.
Date posted: May 2, 2018. Answers (1)
- Explain how an unpaid seller may lose the right of lien and stoppage in transitu.(Solved)
Explain how an unpaid seller may lose the right of lien and stoppage in transitu.
Date posted: May 2, 2018. Answers (1)
- Explain the advantages of administrative tribunals over courts of law.(Solved)
Explain the advantages of administrative tribunals over courts of law.
Date posted: May 2, 2018. Answers (1)
- Courts of law are not the only means by which disputes may be resolved.
Administrative tribunals have been held to be alternatives to the courts of...(Solved)
Courts of law are not the only means by which disputes may be resolved.
Administrative tribunals have been held to be alternatives to the courts of law in the
dispensation of justice.
In light of the above statement:
What do you understand by administrative tribunals?
Date posted: May 2, 2018. Answers (1)
- Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the
bus burst and Msafiri was injured. He went to hospital...(Solved)
Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the
bus burst and Msafiri was injured. He went to hospital where he was treated and
discharged. Five years later Msafiri brings action against owners of the vehicle for
recovery of damages.
Identify the tort that may have been committed and explain the possible defenses available to the defendant.
Date posted: May 2, 2018. Answers (1)
- Mrembo visited Beutex shop to buy cosmetics. Owing to the slippery nature of the
floor, she slid and broke her leg.Identify the tort that may have...(Solved)
Mrembo visited Beutex shop to buy cosmetics. Owing to the slippery nature of the
floor, she slid and broke her leg.Identify the tort that may have been committed and explain the
possible defenses available to the defendant.
Date posted: May 2, 2018. Answers (1)
- In relation to the law of tort, explain what constitutes the tort of negligence.(Solved)
In relation to the law of tort, explain what constitutes the tort of negligence.
Date posted: May 2, 2018. Answers (1)
- 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. Answers (1)
- Attempt a classification of cheques.(Solved)
Attempt a classification of cheques.
Date posted: May 2, 2018. Answers (1)
- Write brief notes on Judges.(Solved)
Write brief notes on Judges.
Date posted: May 2, 2018. Answers (1)