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- Under the Provisions of the Occupiers Liability Act Cap 34 an occupier owes a common duty of care to all invitees to his premises.
- This is the duty to take such care as in all the circumstances of the case is reasonable to see
that the invitees or visitors are reasonably safe in the use of the premises or for the purpose
for which they are invited or permitted to be there.
- It means that the occupier is liable if an invitee is injured while in the premises.
- The occupier must be prepared for children to be less careful than adults. This imposes a
heavier duty on occupiers.
- The common duty of care owed by occupiers to invitees extends to persons permitted by
law to enter into such premises.
- However, an occupier owes no common duty of care to trespassers. Though he must not
injure them, he is under no obligation to ensure that they are safe and is not liable if they are injured in his premises.
- An occupier can guard against such liability in various ways.
1. Sufficient warning: to all invitees or visitors. Such warning must be clear as to what is expected of the invitees and must be conspicuously displayed.
2. Accepted risks: these are risks willingly accepted by the invitee for which the occupier is not liable.
3. Independent Contractor: an occupier is not liable if the invitees damage is due to the faulty execution of a task by an independent contractor, provided that the occupier had acted reasonably in entrusting the task to the contractor and had taken reasonable steps to satisfy himself that the contractor was competent and that the task had been properly executed.
raphael answered the question on April 17, 2018 at 18:22
- Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to...(Solved)
Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and seeks your legal advice on what options they can take to realize the security.
Advise White bank.
Date posted: April 17, 2018. Answers (1)
- In relation to the Law of Property, state five obligations of a lessor towards a lessee in a
lease agreement.(Solved)
In relation to the Law of Property, state five obligations of a lessor towards a lessee in a
lease agreement.
Date posted: April 17, 2018. Answers (1)
- Annan agreed to paint Angela's house at an agreed price. When Annan had finished thework. Angela discovered that although most of the painting was satisfactory,...(Solved)
Annan agreed to paint Angela's house at an agreed price. When Annan had finished thework. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the doors. Annan fell ill and could not complete the work. Angela refused to pay Annan the contractual price, claiming that the contract had not been fully executed and that therefore he was entitled to be paid only a reasonable sum for the work he had actually undertaken. This, Annan
claimed, was much less than the contract price.
Advise Annan.
Date posted: April 17, 2018. Answers (1)
- How true is it to say that in order for a contract to be discharged by performance, the
performance must be precise and exact?(Solved)
How true is it to say that in order for a contract to be discharged by performance, the
performance must be precise and exact?
Date posted: April 17, 2018. Answers (1)
- “A corporation may be defined as a legal entity or artificial person.” Explain what is
meant by this statement.(Solved)
“A corporation may be defined as a legal entity or artificial person.” Explain what is
meant by this statement.
Date posted: April 17, 2018. Answers (1)
- Explain three characteristics of a private limited company(Solved)
Explain three characteristics of a private limited company.
Date posted: April 17, 2018. Answers (1)
- Differentiate between a Memorandum of Association and Articles of Association of a registered company and detail the contents of the Articles of Association.(Solved)
Differentiate between a Memorandum of Association and Articles of Association of a registered company and detail the contents of the Articles of Association.
Date posted: April 17, 2018. Answers (1)
- The Business Premises Rent Tribunals are established under section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishment Act (Cap 301) Laws of...(Solved)
The Business Premises Rent Tribunals are established under section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishment Act (Cap 301) Laws of Kenya.
What purpose do these tribunals serve and what are their main and important powers as stipulated under the Act?
Date posted: April 17, 2018. Answers (1)
- Distinguish legal rights from equitable rights and outline the main equitable remedies
available to an aggrieved party(Solved)
Distinguish legal rights from equitable rights and outline the main equitable remedies
available to an aggrieved party.
Date posted: April 17, 2018. Answers (1)
- Describe the various branches of civil law(Solved)
Describe the various branches of civil law.
Date posted: April 17, 2018. Answers (1)
- Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act.(Solved)
Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act.
Date posted: April 16, 2018. Answers (1)
- In relation to the law of succession: (i) Define a will; (ii) Explain four formalities of a will.(Solved)
In relation to the law of succession:
(i) Define a will;
(ii) Explain four formalities of a will.
Date posted: April 16, 2018. Answers (1)
- In relation to the Sale of Goods Act, explain the circumstances when: (i) A buyer may reject the goods and repudiate the contract (ii) The...(Solved)
In relation to the Sale of Goods Act, explain the circumstances when:
(i) A buyer may reject the goods and repudiate the contract
(ii) The buyer may lose the right to reject the goods.
Date posted: April 16, 2018. Answers (1)
- Explain the remedies available to an unpaid seller against:(i) The goods; (ii) The buyer under the Sale of Goods Act.(Solved)
Explain the remedies available to an unpaid seller against:
(i) The goods;
(ii) The buyer under the Sale of Goods Act.
Date posted: April 16, 2018. Answers (1)
- Explain how a hire purchase agreement differs from: (i) A credit sale agreement; (ii) A conditional sale agreement(Solved)
Explain how a hire purchase agreement differs from: (i) A credit sale agreement; (ii) A conditional sale agreement.
Date posted: April 16, 2018. Answers (1)
- Explain five implied conditions and warranties in a hire purchase agreement(Solved)
Explain five implied conditions and warranties in a hire purchase agreement.
Date posted: April 16, 2018. Answers (1)
- Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold's...(Solved)
Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold's wife. Explain whether there is a valid contract between Arnold and Ben in the following situations:
(i) Ben does not telephone Cecilia but writes to Arnold accepting his offer.
(ii) Ben sends a telex to Arnold accepting the offer.
Date posted: April 16, 2018. Answers (1)
- It is always necessary to communicate acceptance of an offer to the other party to the contract. Explain whether or not you agree with the...(Solved)
It is always necessary to communicate acceptance of an offer to the other party to the contract. Explain whether or not you agree with the above statement.
Date posted: April 16, 2018. Answers (1)
- Outline the disabilities of a mentally disordered person in subject to.(Solved)
Outline the disabilities of a mentally disordered person in subject to.
Date posted: April 16, 2018. Answers (1)
- In relation to the law of persons outline six consequences of incorporation.(Solved)
In relation to the law of persons outline six consequences of incorporation.
Date posted: April 16, 2018. Answers (1)