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Klaw 106:Tort Ii August 2010 Question Paper
Klaw 106:Tort Ii August 2010
Course:Bachelor Of Laws
Institution: Kabarak University question papers
Exam Year:2010
KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009/20010 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 106
COURSE TITLE: TORT II
STREAM: Y1S2
DAY: MONDAY
TIME: 9.00 – 11.00 A.M.
DATE: 02/08/2010
INSTRUCTIONS:
• Answer question ONE and ANY OTHER TWO questions
• Marks may be lost for Illegibility
• Examples & cases will earn added marks
1. (a). Kabarak Students’ Law Society organized a dance for its ‘members only’ at
Mambomoto, a local nightspot. At the time of the dance the management of Mambomoto
are in the process of having a new lighting system installed by Flashers Ltd, electrical
contractors, and a notice at the entrance top of the club reads, ‘Beware. Electrical works
in progress’. Machage and Brian, two members of KSLS, and Victoria,their 15-years-old
friend, turn up for the dance and are admitted on producing tickets which state,’ Valid to
KSLS members only’. Brian is injured when he trips over wires left by Flashers in the
Gents, which is dimly lit. Machage is injured when a revolving light falls on his head as
he is dancing. Victoria goes in search of a toilet through a door marked ‘private’ and is
electrocuted when she searches for a light switch and touches some bare electric wires
left by Flashers Ltd.
Discuss the tortious issues, if any, arising in the circumstances. (15 Marks)
(b). Penny, a sole practitioner and Alf, her husband, who does not work but looks after their
two small children are injured in a car crash. This is entirely the fault of the other driver,
Dan.
Penny is unable to work for twelve months. Her net profits after tax for the last
three years averaged “Pounds 50,000. She suffered multiple injuries including a fractured
pelvis. She will not be able to have any more children, although she and Alf were hoping
to have a family of six. One of her arms has suffered very serious soft tissue damage and
may have to be amputated at some time in the future.
Alf is in a coma for two weeks. He then recovers consciousness. He is totally
paralysed and helpless. After a further six weeks he dies.
Penny’s mother looks after Penny and the children until Penny is able to return to
work. Penny then employs a nanny and housekeeper at a total cost of Pounds 20,000 per
annum.
Advise Dan of the basis on which he will be liable in damages. You have been
given some figures to assist you in working out the likely award under some of the
heads of damage, but you will only be able to indicate others in outline. (15 Marks)
(TOTAL Marks 30)
2. (a). Trespass to land consists of an unauthorized direct and voluntary interference with the
land in possession of another.
Examine this statement highlighting various requirements of this Tort. (10 Marks)
(b). Tribunal, a daily newspaper published in Nairobi sends it’s employees to a bar to find out
whether prostitution is going on in the bar. The employees enter the Bar with a camera
with intent to take photographs in the Bar and they take photos without his consent.
Kairu, the bar owner sues employees of tribunal in trespass.
Can he succeed? Support your answer with decided cases and examples. (10 Marks)
(Total 20 Marks)
3. Wafula was owner of a piece of Land in Kitale. Due to bursting of two ancient tanks
situated in his land, water escaped and caused damages to Kombo’s property and also
injured his maid, Jane. The tanks had been in existence on the land for quite sometimes.
They were not merely for the benefit of Wafula alone, but for the benefit of hundreds of
persons in Kitale. Kombo and Jane sued Wafula for damages in Rylands vs Fletcher.
Discuss the liability of Wafula, if any, explaining fully each requirement of the Tort
in question and the possible defences he can plead. Support your answer with cases.
(Total 20 Marks)
4. (a). In order to be actionable the defamatory words must be understood to be published of and
concerning the Plaintiff.
Critically examine this statement. (10 Marks)
(b). A newspaper, “Mainstream” published a news item in one of its issues stating that a
leading manufacturer of soap in Nairobi is involved in drug smuggling to Tanzania and
Uganda. The mainstream alleged that “Bhang” was smuggled into these countries in the
form of soap. Gideon, who carried on the business of manufacturing soaps in Nairobi and
exporting them to Uganda and Tanzania, brought an action in tort against the proprietor,
publisher, editor, correspondent and news vendors and hawkers of mainstream alleging
that the publication of the news item has resulted in his defamation.
Discuss the legal position. (10 Marks)
(Total 20 Marks)
5. Write explanatory Notes on the following supporting your answer with decided cases and
examples:-
(a). Position of malice in the Law of Tort (10 Marks)
(b). Remoteness of Damages in Tort (10Marks)
(Total 20 Marks)
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