Get premium membership and access questions with answers, video lessons as well as revision papers.
The plea of res ipsa loquitur: literally means it speaks for itself.
This is a rule of evidence applicable in cases of negligence where want of care is presumed.
It may be relied upon by the plaintiff where the occurrence cannot be explained
otherwise than the defendant's negligence.
For the principle to be applicable the following conditions are necessary:
(i) Absence of explanation that is, the plaintiff has no evidence of the negligent
aftor omission of the defendant.
(ii) Such a thing does not ordinarily happen if care is taken that is, the
occurrence must be consistent with the defendants negligence.
(iii) Whatever occasioned loss or injury was within the exclusive control of
the defendant, his servants or agents.
(iv) The principle of res ipsa provides prima facie evidence of negligence on the part of
the defendant.
Once pleaded by the plaintiff, it shifts the burden of proof to the defendant who must now
explain the circumstance and if the explanation is reasonable, the plaintiff loses the case
for want of prosecution.
This principle was applied in Scott V. London and St. Catherines Dock Ltd.
maurice.mutuku answered the question on April 30, 2018 at 08:45
- Highlight the circumstances under which a grant of representation may be revoked as
provided for under the Law of Succession Act (Cap. 160) Laws of Kenya.(Solved)
Highlight the circumstances under which a grant of representation may be revoked as
provided for under the Law of Succession Act (Cap. 160) Laws of Kenya.
Date posted: April 30, 2018. Answers (1)
- State the order of priority in which a deceased's property is distributed where he dies
intestate leaving no spouse or children.(Solved)
State the order of priority in which a deceased's property is distributed where he dies
intestate leaving no spouse or children.
Date posted: April 30, 2018. Answers (1)
- State the formalities of a valid written will.(Solved)
State the formalities of a valid written will.
Date posted: April 30, 2018. Answers (1)
- Explain the rights and duties of the owner of goods in a hire-purchase agreement.(Solved)
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
Date posted: April 30, 2018. Answers (1)
- Explain the duties of an agent to his principal.(Solved)
Explain the duties of an agent to his principal.
Date posted: April 30, 2018. Answers (1)
- Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement
in a daily newspaper which stated the following:
“Once in...(Solved)
Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement
in a daily newspaper which stated the following:
“Once in a lifetime, opportunity to own a one year old Nissan Caravan, low
mileage, Kshs.500,000 cash. The offer is valid for only one day and the car will go to the
first person who accepts it.”
When Mr. B saw the advertisement, he immediately posted a letter of
acceptance of Mr. A‟s offer.
Mrs. C also saw the advertisement and came to inspect the car after which Mrs. C offered Mr.
A a cheque of Kshs. 500,000. However, Mr. A refused to accept the cheque stating that another
potential buyer had already offered to buy the car.
Later in the day Ms D, another interested buyer telephoned Mr. A informing him that she was
willing to buy the car but asked Mr. A if he would keep the offer open until she could go to
her bank to obtain a loan. Mr. A accepted the request. However later, in the day, Mr. E,
another potential buyer said that he would pay Sh. 600,000 in cash for the car. Mr. A agreed to
sell the car to Mr. E.
On Monday morning, Mr. A received Mr. B's letter of acceptance. At the same time,
Mr. E returned to complete the transaction. However, in the afternoon Mr. E telephoned Mr. A
to say that he had second thoughts and he no longer wished to purchase the car.
Citing relevant decided cases where applicable, explain the legal principles in the case in
relation to:
(a) Mr. A
(b) Mr. B
(c) Mrs.C
(d) Ms. D
(e) Mr. E
Date posted: April 30, 2018. Answers (1)
- Explain the duties and rights of a limited partner.(Solved)
Explain the duties and rights of a limited partner.
Date posted: April 30, 2018. Answers (1)
- Distinguish between a company limited by shares and a company limited by guarantee.(Solved)
Distinguish between a company limited by shares and a company limited by guarantee.
Date posted: April 30, 2018. Answers (1)
- Identify the various orders or writs which the High Court may issue when exercising its
supervisory jurisdiction.(Solved)
Identify the various orders or writs which the High Court may issue when exercising its
supervisory jurisdiction.
Date posted: April 30, 2018. Answers (1)
- Under the doctrine of judicial precedent, judges are said to make law.
Explain the issues contained in a judgement.(Solved)
Under the doctrine of judicial precedent, judges are said to make law.
Explain the issues contained in a judgement.
Date posted: April 30, 2018. Answers (1)
- Describe the principles and presumptions that the courts use in the interpretation of
statutes.(Solved)
Describe the principles and presumptions that the courts use in the interpretation of
statutes.
Date posted: April 30, 2018. Answers (1)
- Describe the limitations of common law which led to the development of the doctrines
of equity.(Solved)
Describe the limitations of common law which led to the development of the doctrines
of equity.
Date posted: April 30, 2018. Answers (1)
- Name and briefly explain five categories of civil law.(Solved)
Name and briefly explain five categories of civil law.
Date posted: April 30, 2018. Answers (1)
- Abraham instructed Sarah, an auctioneer to sell his house by auction. The sale was
subject to a reserve price of Sh. 1 million. Sarah advertised the...(Solved)
Abraham instructed Sarah, an auctioneer to sell his house by auction. The sale was
subject to a reserve price of Sh. 1 million. Sarah advertised the house stating that it was
subject to a reserve price. However, she sold the house to her Sister Mary at Sh.
900,000. Abraham has refused to accept the proceeds and to transfer the house to Mary.
Mary has demanded the transfer of the house by Abraham to her.
Explain the legal position of Abraham, Sarah and Mary.
Date posted: April 30, 2018. Answers (1)
- Explain the circumstances under which an agent may be held personally liable for
contracts made on behalf of his principal.(Solved)
Explain the circumstances under which an agent may be held personally liable for
contracts made on behalf of his principal.
Date posted: April 30, 2018. Answers (1)
- Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director...(Solved)
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director of Child Welfare Organisation had embezzled, Sh. 5 million from the organization to purchase a
private residential house for herself and family. Investigations have revealed that Mrs.
Rose Brown bought the house out of a loan of Sh. 6 million advanced to her by East
Bank and secured on the house. Mrs. Rose Brown is aggrieved and seeks your legal
advice.
Advise her.
Date posted: April 30, 2018. Answers (1)
- Explain the essential elements of negligence.(Solved)
Explain the essential elements of negligence.
Date posted: April 30, 2018. Answers (1)
- State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.(Solved)
State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.
Date posted: April 30, 2018. Answers (1)
- Highlight the reasons that may cause a legacy to fail.(Solved)
Highlight the reasons that may cause a legacy to fail.
Date posted: April 30, 2018. Answers (1)
- Explain the duties of a personal representative.(Solved)
Explain the duties of a personal representative.
Date posted: April 30, 2018. Answers (1)