This problem is based on the law of torts. In this case Mrs. Waithaka hurled a stone at Mrs.
Karanja but missed but subsequently succeeded in splashing Mrs. Karanja with water
making her clothes wet. Mrs. Karanja is aggrieved by the acts of Mrs. Waithaka and has a
number of causes of action for which she can seek judicial redress. Firstly the hurling of the
stone by Mrs. Waithaka to Mrs. Karanja amounts to assault as is created apprehension of
some contact with her person. Secondly, the splashing of Mrs. Karanja with water amounted
to battery as there was a physical contact with her person.
It therefore follows that Mrs. Karanja can sue Mrs. Waithaka in damages for assault and
battery.
These torts are actionable per se and Mrs. Karanja does not have to prove any loss for Mrs.
Waithaka to be held liable.
My advice to Mrs. Karanja is based on the general law of torts.
maurice.mutuku answered the question on April 28, 2018 at 06:22
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