LAW OF TORTS

1) 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 notice. As Brian was rushing to class, he slipped, fell and fractured

his hand. Brian is now seeking compensation from Allan.

Advice Allan on his legal position.

2) Explain three conditions that must exist in order for a plaintiff to maintain an action for

negligence.

3) Describe two defenses available to a person being sued for nuisance.

4) Sarah and Haggah are business ladies whose officers are adjacent to each other. Recently, sarah

accuse Haggah of using magic in order to divert her customers to her office. Immediately

thereafter, sarah wrote a distributed several leaflets to the occupants of neighboring offices in

which she accused Haggah of being a devil worshipper. Analyze the legal principles applicable in

the above case and advise Haggah.

With specific reference to the law of agency which focuses on the relationship between

the principal and agent who acts on his behalf; explain four ways in which an agency

relationship may terminate.

5. In relation to the sale of goods act, it involves two parties that is the buyer and the seller

in their contractual activities. Therefore, outline four circumstances when a buyer might

reject the goods and repudiate the contract.

6. In the context of classification of law, there are various punishment given to those going

against the rules. Hence, state four modes of sentencing that a court might impose on an

offender.

7. Partnership is a contract between two or more in order to carry out a business. With

reference to partnerships; identify five ways in which a person shall cease to be a partner

of a certain business.

8. Law of tort is concerned with a civil wrong committed other than breach of contract.

With reference to the law of tort; explain the legal principle in the rule of Ryland's verses

Fletcher as seen in this case law.

9. An incorporated association is an association of persons recognized as a legal entity

which has its own rights and is subject to obligations. With reference to the above

statement, explain two ways in which an incorporated association might be brought into

existence.

10. In relation to the law governing negotiable instruments which is an unconditional order,

explain three types of endorsements that might be made on a bill of exchange.