CLS 100.pdf - The Catholic University of Eastern Africa Library

CLS 100.pdf - The Catholic University of Eastern Africa Library

THE CATHOLIC UNIVERSITY OF EASTERN AFRICA A. M. E. C. E. A MAIN EXAMINATION P.O. Box 62157 00200 Nairobi - KENYA Telephone: 891601-6 Fax: 254-20-8910...

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THE CATHOLIC UNIVERSITY OF EASTERN AFRICA A. M. E. C. E. A MAIN EXAMINATION

P.O. Box 62157 00200 Nairobi - KENYA Telephone: 891601-6 Fax: 254-20-891084 E-mail:[email protected]

JANUARY – APRIL 2014 TRIMESTER FACULTY OF LAW REGULAR PROGRAMME CLS 100: PRINCIPLES OF TORT LAW Date: APRIL 2014

Duration: 2 Hours

INSTRUCTIONS: Answer Question ONE and ANY OTHER TWO Questions Q1.

a)

Salimu a businessman, sent a telephone message to Juma a fellow businessman, accusing him of “stealing” his clients. The message contained abusive words to the effect that Juma was “a witch” who uses “herbs” and “witchcraft” to lure customers to his saloon and boutique. In addition to sending the message to Juma, Salimu sent the same message to several customers of Juma. As a result, Juma has lost many customers and his business is threatened with closure. All the content of the messages were false. Juma has come to you for advice. Explain to him the nature of tort committed and advise him on his legal rights. (15 marks)

b)

Peter and Daniel are neighbours who bear each other a grudge. One day, David was hammering boards together on a public side walk outside his house. Peter sees David hammering and walks behind him in order to avoid talking to him. As Peter walks behind David, David brings his hammer back to hammer the boards and hits Peter in the head causing substantial injury.

Cuea/ACD/EXM/JANUARY - APRIL 2014/LAW

ISO 9001:2008 Certified by the Kenya Bureau of Standards

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Advise the parties on their legal position.

(15 marks)

Q2.

Explain the relationship between tort and other form of legal wrong. What are the aims of the law of tort? (20 marks)

Q3.

a)

Is it justifiable to impose liability on an employer for the tortuous act of his employee? How have the courts limited the scope of how this liability can be imposed? (10 marks)

b)

State and explain any TEN possible defences in tort.

a)

Explain the doctrine of strict liability as laid down in Ryland v Fletcher. (10 marks)

b)

Discuss the principle laid down in Ashby v White and Bradford corporation v Pickles. (10 marks)

Q4.

Q5.

(10 marks)

Write short notes on the following: a) b) c) d)

Contempous damages Insolvents Volenti non fit injuria Vis major

(20 marks) *END*

Cuea/ACD/EXM/JANUARY - APRIL 2014/LAW

ISO 9001:2008 Certified by the Kenya Bureau of Standards

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