Get premium membership and access questions with answers, video lessons as well as revision papers.
This problem is based on the tort of nuisance.
It is apparent that the fumes emitted by A's factory amounts to public nuisance
which is actionable as a crime and as a tort.
My advise to A's neighbours is to instigate the arrest of A for prosecution by
the state for the public nuisance.
In addition, if any of A's neighbour is suffering particular or specific loss from
the nuisance such a person has a personal action against A for the loss for example if
one of A's neighbours is a fish trader such a person can sue A for an injunction.
maurice.mutuku answered the question on May 1, 2018 at 14:19
- Describe the rule in Rylands V. Feltcher. What defences are available to it?(Solved)
Describe the rule in Rylands V. Feltcher. What defences are available to it?
Date posted: May 1, 2018. Answers (1)
- What is meant by the phrase “contract uberrimae fides?"(Solved)
What is meant by the phrase “contract uberrimae fides?"
Date posted: May 1, 2018. Answers (1)
- To what extent is it true that a contract does not arise until acceptance is communicated
to the offeror?(Solved)
To what extent is it true that a contract does not arise until acceptance is communicated
to the offeror?
Date posted: May 1, 2018. Answers (1)
- S sells a car to P. The agreement contains the following clause; “since the car is sold
cheaply, on no condition or warranty that the car...(Solved)
S sells a car to P. the agreement contains the following clause; “since the car is sold
cheaply, on no condition or warranty that the car is roadworthy is given.” The car fails
to move from the show room. S insists a legitimate deal has been concluded. Advise P.
Date posted: May 1, 2018. Answers (1)
- What is delegated legislation? What are the advantages and disadvantages of delegated legislation
as a source of law of Kenya?(Solved)
What is delegated legislation? What are the advantages and disadvantages of delegated legislation
as a source of law of Kenya?
Date posted: May 1, 2018. Answers (1)
- Section 28 of the Accountants Act (Cap 531) identifies acts and omissions, which
constitute professional misconduct by a certified public accountant. Enumerate the
salient commissions and omissions...(Solved)
Section 28 of the Accountants Act (Cap 531) identifies acts and omissions, which
constitute professional misconduct by a certified public accountant. Enumerate the
salient commissions and omissions which constitute professional misconduct.
Date posted: May 1, 2018. Answers (1)
- A agreed with B that B would buy from him ten tones of sugar. The sugar was described
to be stored in a go down in...(Solved)
A agreed with B that B would buy from him ten tones of sugar. The sugar was described
to be stored in a go down in Nyeri. Subsequent to the agreement, the following facts
have come to light:
(i) That when the agreement was being concluded, B held a gun in his hands and
A could see the gun.
(ii) That the goods were destroyed by fire a day after the contract was concluded.
(iii) That B was infact a minor.
Discuss the legal position.
Date posted: May 1, 2018. Answers (1)
- How may a contract that has been validly concluded be otherwise declared
unenforceable?(Solved)
How may a contract that has been validly concluded be otherwise declared
unenforceable?
Date posted: May 1, 2018. Answers (1)
- Kariuki entered sunset supermarket, picked up one of the wire baskets provided and
filled it with groceries from the shelves. As he was approaching the cashier...(Solved)
Kariuki entered sunset supermarket, picked up one of the wire baskets provided and
filled it with groceries from the shelves. As he was approaching the cashier he realized
that his purse had been stolen and decided to replace the goods on the shelve. The
manager of the supermarket who had been observing Kariuki's movements
instructed one of his assistants to approach Kariuki and tell him that the goods had
been sold and he could not replace them on the shelves. Advise Kariuki.
Date posted: May 1, 2018. Answers (1)
- Write short notes on parties to an insurance contract.(Solved)
Write short notes on parties to an insurance contract.
Date posted: May 1, 2018. Answers (1)
- Write short notes on cover note.(Solved)
Write short notes on cover note.
Date posted: May 1, 2018. Answers (1)
- Mokua married Kemunto in 1970. Both have lived happily with their son Joash until
Mokua died in a tragic road accident in November 1991. Unfortunately Mokua...(Solved)
Mokua married Kemunto in 1970. Both have lived happily with their son Joash until
Mokua died in a tragic road accident in November 1991. Unfortunately Mokua had not
made a will in respect of all his free property. Kemunto does not know her rights over
the property left by her husband. She comes to you for advice.
Advice her.
Would you advice be different if they had no child?
Date posted: May 1, 2018. Answers (1)
- In what circumstance will a gift in contemplating of death be defeated?(Solved)
In what circumstance will a gift in contemplating of death be defeated?
Date posted: May 1, 2018. Answers (1)
- Examine the rights and duties of a holder of a bill of exchange.(Solved)
Examine the rights and duties of a holder of a bill of exchange.
Date posted: May 1, 2018. Answers (1)
- What is a holder in due course and how does he differ from a holder for value?(Solved)
What is a holder in due course and how does he differ from a holder for value?
Date posted: May 1, 2018. Answers (1)
- In what circumstances may the High court set aside an arbitral award?(Solved)
In what circumstances may the High court set aside an arbitral award?
Date posted: May 1, 2018. Answers (1)
- Explain the ways in which arbitral tribunals may be appointed.(Solved)
Explain the ways in which arbitral tribunals may be appointed.
Date posted: May 1, 2018. Answers (1)
- Explain what is meant by Obiter dicta.(Solved)
Explain what is meant by Obiter dicta.
Date posted: May 1, 2018. Answers (1)
- What is meant by "Ratio decidendi?".(Solved)
What is meant by "Ratio decidendi?".
Date posted: May 1, 2018. Answers (1)
- What is the importance of stare decisis in the doctrine of precedent?(Solved)
What is the importance of stare decisis in the doctrine of precedent?
Date posted: May 1, 2018. Answers (1)