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Torts 1 Question Paper

Torts 1

Course:Bachelor Of Laws

Institution: University Of Nairobi question papers

Exam Year:2005

Answer any THREE questions.
All questions carry equal marks.

1.a)With the help of decided cases examine various remedies available to the victim of a tort.

b)X&Co.manufacturer of chemicals were throwing their waste products in Tana River.Several protests were made by the residents in the area but the company argued that they will pay damages to anyone pollution of the river.In fact the company had calculated that they will pay far less amount in form of damagesthan the amount they will spend in installing machinery to destroy waste product in the plant.Discuss the remedies available to the victims of pollution.

2.Discuss the distinction between the various types of tort feasors and thier liability under the law of tort.

3.a)A master is liable to third persons for every such wrong of his servants as is committed in the course of his employment.Explain this principle with the help of the decided cases.

b)Mbugua was employed by Jenga to drive his car.After dropping Jenga at his office,Mbugua drives to buy cigars for Jenga Mbugua takes a longer route to the shop than the one which he was accustomed to buy cigars,so that he can meet his friend on the new way.On the way Mbugua negligently runs down Kimani and causes serious injury to Kimani.Kimani sues Jenga.Discuss the legal position.

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

5.a)An act or omission is not estimable as a tort at the instance of any person,who has expressly or impliedly consented to it.Discuss.

b)Kirit Shah was displaying fireworks in his house during some religious function with a permission from the relevant authority.Juma who was a voluntary spectator at the fireworks was injured by the explosion of a firework.Juma sued Kirit Shah in tort.Kirit Shah admitted negligence on his part but pleaded that Juma had voluntarily agreed to run the risk.Discuss the legal position.

6.Write explanatory notes on any TWO of the following:
a)Statutory Authority

b)Maxim damnum sine injuria

c)Nature of law of torts

Torts 1 Question Paper

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