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Tort 1 Question Paper
Tort 1
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2013
KENYATTA UNIVERSITY.
UNIVERSITY EXAMINATION 2013/2014.
FIRST SEMESTER EXAMINATION FOR THE BACHELOR DEGREE OF LAWS.
LPL 102: TORT 1
DATE: MONDAY 16TH DECEMBER 2013 TIME: 12.00 P.M – 2.00 P.M
TIME ALLLOWED: 2 HOURS
INSTRUCTIONS
1. Answers question ONE and any other TWO questions.
2. You will be penalized for failing to answer question ONE.
3. Support you answer with relevant case law, statutes and any other relevant references.
4. Write neatly and legibly.
5. Your answer sheet must bear your student registration number.
QUESTION ONE (Compulsory)
(a) WECHULI and JUMBA had been to a party where they had both been taking drugs and were heavily tipsy. WECHULI drove them home in his car. After they had gone several miles without incident, WECHULI drove out of a side street and collided with a bicycle ridden by MUGENDI. MUGENDI was wearing dark clothing and his bicycle had no lights. JUMBA, who had suffered internal injuries in the accident , got out of the car and ran to ssist MUGENDI. He was struck by a car being driven by NGEVE some 10 miles per hour faster than the permitted speed limit, further exaggerating th internal injury.
MUGENDI suffered a broken arm in the original collision, but has made a good recovery.JUMBA was taken to the accident and emergency department at the Feelgood Hospuital, where he was examined by SHAKO, a junior casualty nurse, who sent him home. In fact JUMBA had suffered serios internal injuries and died a week later after several days of great pain. He left no dependants.
i) Identify instances in which torts have been committed and the respective tortfeastors. (5 marks)
ii) Should the tortfeastors be sued, advice with aid of case law on the various defences each one of them can rely on as is evident from the facts. (10 Marks)
(b) OMWAMI negligently hit JILLO with vehicles along Mumias road. JILLO died on the spot from the impact of the accident. JILLO’S family has come to see you with several potential claims they want to recover from OMWAMI. JILLO’s wife SWEETI wants to be paid Kshs. 5,000,000 because she will no longer the ‘fabulous’ conjugal rights she was entitled to from JILLLO.
JILLO’s son OSAMA argues that the death of his father now means he cannot enroll for the B. Com degree that his father was to pay for next year and so it’s a missed opportunity. He wants to be paid Kshs. 12 million as the amount he would have earned as senior financial analyst till retirement. The family is also claiming 6 million as expenses they spent on the mortuary casket and other funeral expenses.
With aid of decided case(s) advise them on the success of each of their claims (10 Marks)
(c) Enumerate the distinction between tort law and criminal law (5 Marks)
QUESTION TWO
(a) The principal remedy available to a plaintiff in a tort action is damages. Different kinds of damages may be awarded in a tort action.
Exhaustively discuss.(10 Marks)
(b) To prove a breach of duty of care, one must prove that the defendant acted below a certain standard of care.
Discuss. (10 Marks)
QUESTION THREE
“A Master is not liable for the wrongful act of his servants unless the act committed by the servant in the course of his employment”- Winfield
In relation to the above statement, Explain and Evaluate:
(a) The various tests developed to determine whether or not a particular person is a servant? (10 Marks)
(b) The concept of, ‘within the course of employment’. (10 Marks)
QUESTION FOUR
(a) “Where the harm is attributed partly to the fault of the defendant and partly to the fault of the plaintiff, the any award of damages may be reduced by reason of the plaintiff’s contributory negligence” – Anonymous.
In view of this statement, discuss the various rules relating to contributory negligence. (10 Marks)
(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 that person for doing that act.” Anonymous
Critically examine the above statement (10 Marks)
QUESTION FIVE
Write explanatory note on ANY FOUR of the following:
(a) Damnum sine injuria (5 Marks)
(b) Differnce between law of torts and law of contracts (5 Marks)
(c) Volenti non fit injuria (5 Marks)
(d) Injunctions (5 Marks)
(e) Capacity of person of unsound mind to be sued in tort (5 Marks)
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