Get premium membership and access questions with answers, video lessons as well as revision papers.

Atieno and Nafula are neighbours in Kijiji Bandi village. Last year, Atieno quarreled with Natula's employee, Nafula's employee collected stinking rubbish from a compost heap in Nafula's...

      

Atieno and Nafula are neighbours in Kijiji Bandi village. Last year, Atieno quarreled
with Natula's employee, Nafula's employee collected stinking rubbish from a
compost heap in Nafula's compound and threw it into Atieno's compound.
Atieno is aggrieved by this action and seeks your legal advice.

Advice as to her legal rights and course of action to take.

  

Answers


Maurice
This problem is based on the principle of vicarious liability.

In this case Nafula is the master and her employee the servant.
As the master, Nafula is liable for torts committed by her employee in the course of her
employment.

It is apparent that by throwing rubbish into Atieno's compound, Nafula's employee
was not acting in the course of her employee and Natula is therefore not liable.

My advise to Atieno is that since her proprietary rights have been violated she has an
actionable claim against Nafula's employee in damages.
maurice.mutuku answered the question on May 3, 2018 at 07:27


Next: Examine the extent to which an employer is liable for the torts committed by an independent contractor.
Previous: “Payment of a lesser sum of the day is satisfaction of a large sum is not sufficient consideration for the creditor's promise to accept such payment...

View More CPA Commercial Law Questions and Answers | Return to Questions Index


Learn High School English on YouTube

Related Questions