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Statutory authority: this is a complete defence if the accumulation of the thing
was statutorily sanctioned.
(i) Plaintiff's Consent or benefit: the plaintiff cannot complain of the escape if he
benefits from the accumulation or expressly or implied consented to it.
(ii) Contributory negligence: this defence is available to the defendant if the
plaintiff contributed to the escape.
Its effect is to reduce the amount payable as damages.
(iii) Strangers or third parties: the defendant is not liable if the escape was occasioned by
an unforeseen act of a stranger.
(iv) Act of God: this defence may be relied upon if the escape is wholly attributable to
natural causes. The circumstances must be such that human foresight could not have
recognized the escape as a possibility.
maurice.mutuku answered the question on April 25, 2018 at 09:11
- Jambazi sneaked into Cassman Green?s compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park,...(Solved)
Jambazi sneaked into Cassman Green's compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park, he fell into a pit which Green had dug to construct a water reservoir. As a result
Jambazi was seriously injured.
Jambazi now seeks your legal advice as to whether he can successfully sue Green.
State the legal principles applicable to the above facts and advise Jambazi.
Date posted: April 25, 2018. Answers (1)
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Explain the legal principle in the Rule in Rylands Vs. Fletcher.
Date posted: April 25, 2018. Answers (1)
- Karanja has been a tenant in Wamalwa?s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa...(Solved)
Karanja has been a tenant in Wamalwa‟s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa is aggrieved as
Karanja has broken all the doors in the house following several fights with his wife.
Wamalwa now seeks your advice on the various ways in which he may terminate the
lease agreement and lawfully evict
Karanja.
Advise Wamalwa.
Date posted: April 25, 2018. Answers (1)
- Explain the main characteristics of easements.(Solved)
Explain the main characteristics of easements.
Date posted: April 25, 2018. Answers (1)
- Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most...(Solved)
Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in
the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole
Ndume who did not know of the reward volunteered information to Inspector Sniff
and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole
Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt
of the reward. He seeks your legal advice on whether he can successfully claim the
reward.
Advice Ole Ndume.
Date posted: April 25, 2018. Answers (1)
- What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.(Solved)
What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.
Date posted: April 25, 2018. Answers (1)
- Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.(Solved)
Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.
Date posted: April 25, 2018. Answers (1)
- Beeky and Beth entered into a partnership selling girls clothing under the registered name of Girlie Becky, without consulting Beth set up a boys clothing shop...(Solved)
Beeky and Beth entered into a partnership selling girls? clothing under the registered
name of Girlie Becky, without consulting Beth set up a boy's clothing shop under
the registered name “BOYZ Clothes” while retaining her partnership with "Girlie". This
has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky
admission to the firm;s premises and will not discuss the position with Becky.
Beth wishes to dissolve the partnership and would like Becky to account for profits she
has derived from BOYZ Cloths.”.
Advise Beth.
Date posted: April 25, 2018. Answers (1)
- State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.(Solved)
State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.
Date posted: April 25, 2018. Answers (1)
- Explain the ways in which a Partnership may be dissolved without a court order.(Solved)
Explain the ways in which a Partnership may be dissolved without a court order.
Date posted: April 25, 2018. Answers (1)
- One of the principal duties of an agent is expressed by the maxim “delegates
non potest delegare.”
State and identify five circumstances under which this rule or...(Solved)
One of the principal duties of an agent is expressed by the maxim “delegates
non potest delegare.”
State and identify five circumstances under which this rule or maxim does not apply.
Date posted: April 24, 2018. Answers (1)
- Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase...(Solved)
Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000
and the balance was payable by monthly instalments of Sh. 5,000. After paying
instalments for six months, he defaulted. Malipo Rahisi ltd. Promptly repossessed the
goods.
Discuss the legal position.
Date posted: April 24, 2018. Answers (1)
- Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and...(Solved)
Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and explain five such provisions.
Date posted: April 24, 2018. Answers (1)
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Name the criticisms that have been leveled against delegate legislation as a source of law.
Date posted: April 24, 2018. Answers (1)
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parliament to be enacted into law.(Solved)
Define the term “statute” and outline three categories of bills that may be presented to
parliament to be enacted into law.
Date posted: April 24, 2018. Answers (1)
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Distinguish between ratio decidendi and obiter dicta.
Date posted: April 24, 2018. Answers (1)
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Discuss the limitation of Islamic Law as a source of Law.
Date posted: April 24, 2018. Answers (1)
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Explain five duties of a landlord in a tenancy agreement.
Date posted: April 24, 2018. Answers (1)
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Under what circumstance is a person considered a pro non grata?
Date posted: April 23, 2018. Answers (1)
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In relation to the law governing insurance, explain five basic principles of insurance.
Date posted: April 18, 2018. Answers (1)