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Torts 1 Question Paper

Torts 1

Course:Bachelor Of Laws

Institution: University Of Nairobi question papers

Exam Year:2008

ANSWER ANY THREE QUESTION.
ALL QUESTIONS CARRY EQUAL MARKS.

1.a)A master is not responsible for a wrongful act done by his servant unless it is done in the course of his employment.It is deemed to be so done if it is either(i)wrongful act authorized by the master,(ii)a wrongful and unauthorized mode of doing some act authorized by the master.

Critically examine this statement.

b)Kabiru was employed by Onyango to drive a bus.While driving the bus,Kabiru was angered because he was unable to get ahead of Ogutu's car,which was driven slowly.Kabiru blew his horn several times to indicate to Ogutu to give him the way.But Ogutu ignored the horn.Somehow Kabiru overtook Ogutu and asked him to stop.When Ogutu stopped,Kabiru assaulted him.Ogutu sued Onyango in tort.

Advise Onyango.

2.Distinguish between tort and contract,and tort and crime.

3.a)With the help of decided cases,explain the doctrine of volenti non fit injuria and its limitations.

b)Kagwe went to watch a cricket match between Kenya and South Africa at a Nairobi stadium.A player hit the ball so hard that it hit Kagwe who was sitting in spectators' gallery as a result Kagwe was injured.Kagwe sued the organizers of the match in tort.The organizers pleaded the defence of volenti non fit injuria.

Discuss the legal position.

4.a)Examine various judicial remedies available to the victims of a tort.

b)Chebbi was registered voter in the last parliamentary elections.He was wrongfully disallowed to vote by Kiplagat,the returning officer at a polling booth.Chebbi sued Kiplagat in tort.

Discuss what remedy is available to Chebbi in tort.

5.Examine the validity of the following statements:
a)In some cases even damage intentionally done may not involve the defendant in liability when he is acting under a necessity to prevent a greater evil.

b)When a statute authorizes a certain act to be done by a certain person which would otherwise be unlawful and actionable,no action will lie against that person for doing that act.

6.Write explanatory notes on any TWO of the following:
a)Contributory negligence

b)Maxim damnum sine injuria

c)Tests to determine who is a servant

Torts 1 Question Paper

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