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This problem is based on the provisions of Occupier's Liability Act, Cap 37 Laws
of Kenya.Under the provisions of this Act, an occupier owes all his visitors and invitees a
common duty of care that is, the duty to take such care as in all the circumstances of the case is
reasonable to see the visitor is reasonably safe in using the premises for the purpose for
which he is invited or permitted to be there. In this case Abdallah is the occupier and owes
all his visitors a common duty of care. However, under the provisions of the Act, an
occupier escapes liability by showing that he had given sufficient or adequate warning of the
danger. In this case Abdallah had placed a warning sign outside the entrance of the building.
The facts do not tell us whether the sign was conspicuously displayed and was thus
sufficient. It is our submission that displaying a sign that the floors are slippery without
anything more is an inadequate warning. In our view Abdallah cannot escape blame. On the
other hand Makanyanga was in hurry to attend class and did not see the notice. Perhaps this
is an indication that it was not conspicuously displayed. The fact that he was rushing is
therefore of no consequence and Abdallah is liable for the loss arising
maurice.mutuku answered the question on April 28, 2018 at 07:02
- A lease agreement usually contains implied terms on the part of the lessor and lessee.
State the terms implied on the part of the lessee.(Solved)
A lease agreement usually contains implied terms on the part of the lessor and lessee.
State the terms implied on the part of the lessee.
Date posted: April 28, 2018. Answers (1)
- In relation to the Law of Property, distinguish between real property and personal
property.(Solved)
In relation to the Law of Property, distinguish between real property and personal
property.
Date posted: April 28, 2018. Answers (1)
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that Mary would deliver the clothes to Kate's...(Solved)
Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed
that Mary would deliver the clothes to Kate's house upon repair. However,
Mary did not take the clothes back as agreed and in the process they were stolen when a burglar
broke into Mary's premises. With reference to the above facts, highlight Mary's
liability, if any.
Date posted: April 28, 2018. Answers (1)
- In relation to the Sale of Goods Act, Explain four circumstances when a seller may give
a better title to the buyer than he himself has...(Solved)
In relation to the Sale of Goods Act, Explain four circumstances when a seller may give
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Date posted: April 28, 2018. Answers (1)
- Mrs. Karanja and Mrs. Waithaka are neighbours. Their sons, Mwaura Karanja and
Mwangi Waithaka, had a fight and Mwangi was hurt.
In annoyance, Mrs. Waithaka hurled a...(Solved)
Mrs. Karanja and Mrs. Waithaka are neighbours. Their sons, Mwaura Karanja and
Mwangi Waithaka, had a fight and Mwangi was hurt.
In annoyance, Mrs. Waithaka hurled a stone at Mrs. Karanja but the stone did not hit
Mrs. Karanja. Mrs. Waithaka rushed to her house and came out with a bucket of water
which she splashed on Mrs. Karanja making her clothes wet. Mrs. Karanja intends to
sue Mrs. Waithaka.
Advise Mrs. Karanja on the kinds of tort that she may seek redress from.
Date posted: April 28, 2018. Answers (1)
- Explain defences which may be offered by a defendant to an action for trespass to
the person.(Solved)
Explain defences which may be offered by a defendant to an action for trespass to
the person.
Date posted: April 28, 2018. Answers (1)
- Explain the validity of a contract of guarantee by Mrs. Kimani and Miss Tomno for an overdraft with a bank entered into by Rita, aged...(Solved)
Explain the validity of a contract of guarantee by Mrs. Kimani and Miss Tomno for an overdraft with a bank entered into by Rita, aged 16 years.
Date posted: April 28, 2018. Answers (1)
- Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother...(Solved)
Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother in hospital.
Date posted: April 28, 2018. Answers (1)
- Explain the validity of a contract of purchase share in Medium Mayenne Company Ltd entered into by Rita, aged 16 years.(Solved)
Explain the validity of a contract of purchase share in Medium Mayenne Company Ltd entered into by Rita, aged 16 years.
Date posted: April 28, 2018. Answers (1)
- Explain the validity of a contract of apprenticeship entered into by Rita, aged 16 years as a hairdresser with Esther.(Solved)
Explain the validity of a contract of apprenticeship entered into by Rita, aged 16 years as a hairdresser with Esther.
Date posted: April 28, 2018. Answers (1)
- Explain the difference between Public and private law.(Solved)
Explain the difference between Public and private law.
Date posted: April 27, 2018. Answers (1)
- Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded
from the tanker, Mwanzia who was standing nearby lit a cigarette. Unfortunately...(Solved)
Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded
from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the
petrol caught fire and burnt the whole station and injured several people.
Mpole the proprietor of the petrol station seeks your advice on whom he can sue.
Advise Mpole.
Date posted: April 27, 2018. Answers (1)
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Describe the rules that govern limitation of actions in tort.
Date posted: April 27, 2018. Answers (1)
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Explain the rights of an undisclosed principal in an agency relationship.
Date posted: April 27, 2018. Answers (1)
- Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for
payment it was dishonoured and returned marked “R.D.”. It now transpires that...(Solved)
Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for
payment it was dishonoured and returned marked “R.D.”. It now transpires that when
the bank clerk was checking on Stephane's balance he checked on the wrong
account and as a result the cheque was dishonoured under a mistaken belief of lack of funds.
Explain Stephane's rights against the bank.
Date posted: April 27, 2018. Answers (1)
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Explain the legal consequences of non-registration of a hire-purchase agreement.
Date posted: April 27, 2018. Answers (1)
- Paul wrote a will and bequeathed all his property to his wife Nina. Two years later, Paul
was diagnosed as suffering from a terminal disease. He...(Solved)
Paul wrote a will and bequeathed all his property to his wife Nina. Two years later, Paul
was diagnosed as suffering from a terminal disease. He blamed it on his wife Nina and
then called his friends Mark and Matthew and verbally told them in case he died before
Nina, she should not inherit his property, instead all his property should be inherited by
his mother Tina. Paul died three weeks ago and Nina has sought to inherit his property
under the will, but Paul‟s mother has vehemently resisted Nina's claim.
Discuss the legal position of Nina and Tina.
Date posted: April 27, 2018. Answers (1)
- State and explain four types of legacies.(Solved)
State and explain four types of legacies.
Date posted: April 27, 2018. Answers (1)
- Stanley leased his house at Highlands Gardens to Oliver. The lease agreement
was signed by both parties and the lease was to run for a period...(Solved)
Stanley leased his house at Highlands Gardens to Oliver. The lease agreement
was signed by both parties and the lease was to run for a period of two years.
Stanley has been having domestic problems with his wife. Recently, Stanley‟s
wife stormed into the premises lease to Oliver and threatened to evict him and
his family if they did not vacate the leased premises. Oliver has not breached
any of the terms of the lease agreement and is aggrieved.
Advise Oliver on his legal rights and the remedies available to him.
Date posted: April 27, 2018. Answers (1)
- Explain the term “freehold interest in land.”(Solved)
Explain the term “freehold interest in land.”
Date posted: April 27, 2018. Answers (1)