Klaw 106: Tort Two Question Paper
Klaw 106: Tort Two
Course:Bachelor Of Laws (Llb)
Institution: Kabarak University question papers
Exam Year:2011
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2011 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
KLAW 106: TORT TWO
DAY: THURSDAY DATE: 08/12/2011
TIME: 9.00 – 11.00 A.M. STREAM: Y1S2
INSTRUCTIONS
1. Time: Three Hours
2. This paper consists of FIVE questions.
3. Candidates are required to attempt any THREE questions.
4. All questions are of equal value apart from question one which consist of 30
marks
5. QUESTION ONE is a COMPULSORY question.
6. If a candidate answers more than the specified number of questions, only
the first THREE questions attempted will be marked.
7. All questions may be answered in one examination booklet.
8. EACH PAGE OF EACH ANSWER must be numbered with the
appropriate QUESTION NUMBER.
9. Candidates must indicate which questions they have answered on the front
cover of the first examination booklet.
10. Candidates must WRITE THEIR ANSWERS clearly. Lack of legibility
may lead to a delay in the candidate’s results being given.
Candidates Cannot Refer To Any Books and Any Printed or Handwritten
Material or Bring Them into the Examination Room. Instances of Cheating
And of Bringing Unauthorised Material into The Examination Room Will
Result in Instant Expulsion From The Examination And May Result In
Exclusion From All Further Examinations.
QUESTION ONE
Trespass is the unauthorized intervention with a person his property or his
possession. Where it is trespass to a person, it is any intentional interference with
the body of another person or his liberty. It is an invasion of the body of another
person. Using case law discuss the three forms of trespass to persons and their
defences (30Marks)
QUESTION TWO
It is hereby shown that the tort of passing off appears to be simple but in actual
fact, it is an all encompassing and ever increasing and expanding concept. Critically
analyse the elements of the tort of Passing off in tort, the remedies and defences
for passing off. Discuss using case Law (20 Marks)
QUESTION THREE
Broadly define the tort of nuisance and analyse private nuisance and public
nuisance and in both cases state the facts which the plaintiff is bound to prove in
an action for nuisance and who can sue and who can be sued in nuisance? Discuss
(20MARKS)
QUESTION FOUR
Critically explain any Two of the following in tort: Use case Law and Statutory
Rules where required
a. Deceit (10marks)
b. Injurious falsehood (10marks)
c. Conspiracy (10marks)
d. Interference with contracts (10 marks)
QUESTION FIVE
Trespass on land is unjustifiable interference with the possession or an unjustified
entry on the land of another independent of any intention to trespass. An action
for damages lies for a mere trespass even when the entry was through mistake and
no damage was done. Demonstrate the various forms of trespass to land; remedies
and defences. Discuss use case law and statutory rules (20 marks)
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