- This problem is based on the tort of nuisance and more specifically public nuisance. Desmond's
carelessness in allowing excessive current to develop led to the public nuisance for which he is liable to prosecution by the Attorney General.
- Although public nuisance is a crime, it is also a tort to the extent that a person affected by it has suffered particular loss.
- In this case Desmond's careless act made Derrick to incur a loss of Kshs. 50,000 from lost
production.
- My advise to Derrick is that he has an actionable claim against Desmond in damages for public nuisance.
raphael answered the question on April 17, 2018 at 18:24
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