Tort One Question Paper
Tort One
Course:Bachelor Of Law ()
Institution: Kabarak University question papers
Exam Year:2012
KABARAK UNIVERSITY
SCHOOL OF LAW
FIRST SEMESTER EXAMINATIONS -2012
THIRD YEAR EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
KLAW 100: TORT ONE
DATE: 7TH AUGUST 2012
TIME: 2 Hours
INSTRUCTIONS
1. Answer Question 1 and any two other questions
2. Question 1 carries 30 marks. All other questions carry Equal (20) marks
3. No materials are to be brought into the examination room
4. Candidates should illustrate their answers with appropriate case law and other relevant
authorities.
QUESTION ONE
1. Employer hired Driver to operate a delivery van. Before allowing Driver to operate the
van, Employer checked Driver’s prior job references, required Driver to undergo a physical
examination by a medical doctor, and provided Driver with extensive training in motor
vehicle safety. Medic, the medical doctor who examined Driver, discovered that Driver had a
sleep disorder that caused Driver to spontaneously fall asleep and that Driver had on several
occasions had fallen asleep while driving. Driver pleaded with Medic not to inform Employer
of the sleep disorder. Medic agreed, and omitted this information from the physical
examination form that he sent to Employer. Medic also sent a letter to Employer assuring
Employer that Driver was “in all respects fit for employment as a delivery van operator.”
Employer then provided Driver with a daily delivery route and paid him a monthly salary.
Employer has failed to maintain the vehicle for a number of months, while the Driver was
making deliveries for Employer; the van left the road and struck Pedestrian, who suffered
severe injuries as a result. Pedestrian filed a lawsuit for the damages as a result of the injuries
sustained in the accident against Driver, Employer, and Medic.
a. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver’s alleged
negligence? Discuss. (10 Marks)
b. What arguments will Pedestrian make in support of his claims of negligence. (10Marks)
c. What defences can reasonably be asserted, for the defendants and of the three defendants is
likely to prevail in a lawsuit filed by Pedestrian. (10 Marks)
QUESTION TWO
2. Al Shakfeh Engineering Company has been engaged to construct a new building in
Nakuru. It is planned to be the highest building in the Nakuru town and is being built to
commemorate the Nakuru mayor. While the foundations of the building were being
excavated and prepared, the company build a number of shafts for main power supply cables.
Motor mine factory lies adjacent to the new building under construction. Al Shakfeh
Company in the process of laying down the electric shafts failed to completely seal one of the
shafts. It rained and Water flooded in the unsealed shaft causing the adjacent lands to flood.
During the mining process Alshakef interfered with Motor mines’ main power cable and a
resulting to power as a result of this the Motormine factory has been unable to operate for the
last three weeks and has suffered considerable amounts of damages.
a. Motor mine has approached you an advocate in Wakili Bora and company set out the
grounds for its legal claim. (10marks)
b) Assume you where approached by Al Shakef Engineering Company Identify what general
defences in tort can be raised by Al Shakfeh Engineering Company. (10 marks)
QUESTION THREE
3. The real significance of legal damage is illustrated by two maxims namely: Injuria Sine
Damnum and Damnum sine injuria. Critically examine the two maxims using statutory
provisions and case law. (20 MARKS)
QUESTION FOUR
4. Adam accepted an invitation from his friend Mwangi to play a baseball game in Nairobi
sports club. Adam has recently had recently immigrated to Kenya and knows nothing about
baseball. During the game, a player, Onyango, hit a ground ball toward third base. The third
baseman fielded the ball and threw it to the first baseman. Adam thought he was “safe,” but
the first base umpire (Njoroge) called him “out.” Onyango began to argue with Njoroge, and
in frustration, Onyango threw his batting helmet to the ground. The helmet, made of a strong,
hard plastic material, bounced on the ground and flew into the stands, striking Adam on the
side of the head, causing a serious injury. Adam never saw the helmet coming towards him
because he was looking around the stadium at the time rather than at the play on the field. As
he was unfamiliar with the game of baseball, he did not know that objects occasionally fly
during a baseball game. Adam has approached you and wants to sue Onyango for the injuries
he has sustained. Critically discuss the legal issues in this case and asses whether Adam’s
intended suit can succeed. (20 marks)
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