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Torts 1 Question Paper

Torts 1

Course:Bachelor Of Laws

Institution: University Of Nairobi question papers

Exam Year:2006

ANSWER ANY THREE QUESTIONS
ALL QUESTIONS CARRY EQUAL MARKS
1.a)If an act is done by the consent of the plaintiff,or the plaintiff has freely and voluntarily ,with full knowledge of the nature and extent of risk,agreed to the act,the plaintiff shall not be allowed to complain if he suffers some harm.Discuss.
b)Musyoki parked his car on a slope near a school.He left the car unattended without putting the hand-brake.The car somehow started moving down the slope,thereby creating a risk for the school children passing by.Akello a passer by seeing that the car might cause injury to some children attempted to stop the car and in the process injured himself.Akello sued Musyoki in tort.Musyoki admitted negligence on his part but argued that Akello had voluntarily agreed to suffer the harm.
Advise Akello.

2.a)A master is not responsible for a wrongful act done his servant unless this is done in the course of his employment.Discuss.
b)Mutiso,a student in the University of Nairobi went to a disco along with some of his classmates.He was assaulted by a bouncer,employed by the owner of the disco.Abba&Co.,in the course of ejecting unruly persons.Mutiso sued Abba&Co.in tort for the assault committed by the bouncer.
Advise Abba &Co.
Will your answer be different if the assault was committed outside the disco-hall.

3.a)Damages is the most important remedy which the plaintiff avails after the tort committed.In light of this statement,discuss various types of damages which are awarded in tort.
b)Mberia,a polling officer at a polling station in Nairobiwrongfully disallowed Omondi,a qualified voter at the parliamentary elections in 2002.It was found that Omondi suffered no loss in that the candidate for whom he wanted to vote had even otherwise won the election.Omondi sues Mberia in court.
Discuss the legal position.

4.a)Where the harm is attributable partly to the fault of the defendant and partly to that of the plaintiff then any award of damages may be reduced by reason of the plaintiff’s failure to take reasonable care of himself.To the light of this statement,discuss various rules in relation to contributory negligence.
b)Kiama,while returning from the market on a bicycle,fell into a ditch at about 7.00p.m.The town Council has dug this ditch for repairing a culvert.There was no light or danger signal or barricade or other caution notice.Kiama as the result of the fall sustained considerable injuries.He sued the Town Council in tort.Town Council admitted its negligence but pleaded contributory negligence on the part of Kiama,as Kiama’s bicycle had no lamp on it.
Advise Kiama.

5.Write explanatory notes on any TWO of the following:
a)Statutory Authority
b)Injunctions
c)Tests to determine who is a servant

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