LAW OF TORT
QUESTION 1
April 2024 Question One B
(i) In relation to the tort of nuisance, differentiate between “private nuisance” and “public nuisance”. (4 marks)
(ii) Discuss FOUR defenses to the tort of nuisance. (8 marks)
QUESTION 2
December 2023 Question Three A and B
(a) Explain the term “Occupier’s liability” as used in the law of Tort. (2 marks)
(b) Martin is employed as a waiter by Jackson in his restaurant. One of his duties is attending to customers’ orders. Jackson manages the restaurant by himself and expressly gives instructions to all his employees in the restaurant on how to do their work. One day while Martin was serving a customer, a hot beverage accidentally poured on a customer causing severe burns.
Required:
(i) Describe the legal principle in this scenario. (2 marks)
(ii) Determine the party or person to bear the liability for the injury suffered by the customer. (2 marks)
(iii) State FOUR reasons why the party or person identified in (ii) above will bear the liability. (4 marks)
QUESTION 3
August 2023 Question Three C
With regard to the law of tort, enumerate FIVE ways through which an occupier of land could guard himself against liability from independent contractors. (5 marks)
QUESTION 4
August 2023 Question Four A
In relation to the law of torts:
(i) Explain the “thin skull” rule. (2 marks)
(ii) Differentiate between “intentional torts” and “unintentional torts”. (4 marks)
QUESTION 5
April 2023 Question One D
Examine the rule in Rylands Vs. Fletcher as established under the Law of Torts.(6 marks)
QUESTION 6
April 2023 Question Four B
Joseph, a 17-year-old boy was playing football with Dan, his friend aged 16 years. As they were playing, Joseph kicked the ball over the fence into Susan’s compound. Susan was away at the time. Joseph decided to jump over the fence to get the ball. As he jumped, he hit his head and fell into a ditch that had been left uncovered by Susan thus suffering a concussion. Joseph’s parents are considering taking legal action against Susan.
Discuss the legal issue arising from this case. (4 marks)
QUESTION 7
April 2023 Question Six B
Your classmate, Benjamin Mugambi has been absent for a while due to sickness and missed the class on Law ofTorts. He has approached you to help him in revising for his CPA examinations.
Explain to him FIVE torts that exist under the Law of Torts. (10 marks)
QUESTION 8
December 2022 Question Two A
In relation to the law of Torts, explain the following terms:
(i) Standard of care. (2 marks)
(ii) Res ipsa loquitor. (2 marks)
(iii) Strict liability. (2 marks)
QUESTION 9
August 2022 Question Four A
Highlight five instances where receiving of another’s goods will not amount to conversion. (5 marks)
QUESTION 10
April 2022 Question Two B
(i) Identify two types of defamation. (2 marks)
(ii) Explain four ingredients to be proved in the defense of fair comment in an action for defamation. (4 marks)
(iii) Explain two defenses other than fair comment that are applicable in the tort of defamation. (4 marks)
QUESTION 11
December 2021 Pilot Paper Question Two A
Yako took his clothes to laundry for dry cleaning services. He was given a receipt which he did not read. When he reached home, he read it more carefully and saw the writing below:
“In case a garment is damaged, the company will be liable to pay up to Sh.1000”.
Upon inspection of the clothes, he realised that they were damaged as a result of negligence of the laundry company.
Advice Yako. (10 marks)
QUESTION 12
August 2021 Question Five B
Explain three defences available to a defendant in the tort of defamation. (6 marks)
QUESTION 13
May 2021 Question Six C
Explain four conditions which must be satisfied before a defendant can resort to private defence in tort cases. (8 marks)
QUESTION 14
November 2020 Question Two B
Lady Nadia went for child delivery at Bado Hospital, upon arrival and examination, the doctor recommended that she would undergo an emergency caesarian section. The doctor successfully carried out the operation. Two days later she had persistent pain and after undergoing an x-ray examination in Sasa Hospital, it was discovered that the doctor forgot a small pair of scissors in her womb.Lady Nadia is aggrieved and intends to sue the doctor.
Advise Nadia by:
(i) Identifying the specific wrong the doctor might have committed and the law applicable. (3 marks)
(ii) Explaining the essential elements of the wrong identified in (i) above. (6 marks)
(iii) Determining the most suitable remedy available to Lady Nadia. (1 mark)
QUESTION 15
November 2019 Question Two A
Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker at a petrol station, Mwanzia, who was standing nearby, lit a cigarette. Unfortunately, the petrol tanker caught fire and burnt the whole petrol station and injured several people.
Mpole, the owner of the petrol station, is angry and seeks your advice on whom he can sue.
Advise Mpole. (10 marks)
QUESTION 16
May 2019 Question Two A
David Boka is the proprietor of Daily Mail Newspaper which published an article two weeks ago to the effect that Rose Nylon, the Chief Executive Officer of a child welfare organisation had embezzled shillings five million from the organisation to purchase a private residential house. Investigations revealed that Rose Nylon bought the house out of a loan advanced to her by Fast Bank and secured on the house. Rose Nylon is aggrieved and seeks your legal advice.
Advise Rose Nylon. (10 marks)
QUESTION 17
May 2019 Question Three A
With reference to the law of tort:
(i) Explain the legal principle in the rule of Rylands V. Fletcher. (4 marks)
(ii) Describe three defences available to a person sued in an action brought under the rule in (a) (i) above. (6 marks)
QUESTION 18
November 2018 Question Seven A
With reference to the law of tort:
(i) State the meaning of the term “defamation”. (2 marks)
(ii) Explain the two forms which defamation could take. (4 marks)
(iii) Discuss three essential aspects of the defence of fair comment in an action for defamation. (6 marks)
QUESTION 19
May 2018 Question Five B
With specific reference to the tort of trespass:
(i) Identify two types of trespass to goods. (2 marks)
(ii) Discuss four defences available under the tort of trespass to goods. (8 marks)
QUESTION 20
November 2017 Question One B
Allan Bora, the proprietor of Pesa House, placed a warning sign outside the entrance to the building that the floors of the premises were slippery. Brian Mbiyo, who was in a hurry to attend classes in the building, did not see the notice. As Brian Mbiyo was rushing to class, he slipped, fell and fractured his hand. Brian Mbiyo is now seeking compensation from Allan Bora.
Advise Allan Bora on his legal position. (8 marks)
QUESTION 21
November 2017 Question Three B
Many clauses in a contract purport to exclude liability for injury, loss or damage.
Explain five rules which determine the effectiveness of such clauses. (10 marks)
QUESTION 22
May 2017 Question Six B and C
a) Explain three conditions that must exist in order for a plaintiff to maintain an action for negligence. (6 marks)
b) Describe two defences available to a person who is being sued for nuisance.(4 marks)
QUESTION 23
November 2016 Question Two A
Sarah Ambuso and Haggah Mbone are business ladies whose offices are adjacent to each other. Recently, Sarah Ambuso accused Haggah Mbone of using magic in order to divert her customers to Haggah Mbone’s office. Immediately thereafter, Sarah Ambuso wrote and distributed several leaflets to the occupants of neighbouring offices in which she accused Haggah Mbone of being a devil worshipper. Haggah Mbone feels aggrieved and intends to sueSarah Ambuso
Analyse the legal principles applicable in the above case and advise Haggah Mbone.
(10 marks)
QUESTION 24
May 2016 Question Two A
Damages are a common law remedy awarded in tort and are intended as compensation for a plaintiff’s loss.
In relation to the above statement, describe five categories of damages available to a plaintiff. (8 marks)
QUESTION 25
Pilot paper 2015 Question Three C
(i) State the Rule in Rylands v Fletcher. (2 marks)
(ii) Explain three defences to the rule in c (i) above. (6 marks)
