LAW108 - Introduction To Torts Law Assignment

Assignment Task

Questions

1. a. Wairimu is walking on a city sidewalk when she sees some trash in her path. She steps around the trash, but fails to notice an open excavation on the sidewalk. Wairimu falls into the hole, and is injured. Msubaa who saw the accident, but who has never met Wairimu before, remarks that he “should have warned you about that. Can Wairimu sue the bystander for negligence? If so, then why? If not, why not?

b. Mwende drove through a red light and struck a police car driven by a police officer, injuring him. Kipsang, the police officer sued Mwende to recover damages suffered in the car accident. At trial, Kipsang presented evidence that he was returning from an emergency scene when Mwende drove through a red light and struck his patrol car. At the conclusion of the plaintiff’s case, Mwende moved for summary judgment, claiming that he was barred from recovery. With aid of case law and principles, explain whether or not the court should grant the application? If not, then why not

2. a. Mutere was nine-year-old. His parents entered him in several off-road motorcycle races. At one such event, Mutere was so overwhelmed by the presence of the number of spectators that he drove off the course into the crowd. Rasaju, an injured spectator brought a lawsuit against Mutere for negligence. At trial, a psychiatric expert testifying for the defence said that Mutere’s reactions were normal for a nine-year-old. Will the advocate’s argument be successful?

b. Karanja has a very old Mugumo tree on his land. One night his neighbour, Amachina, who has been drinking, drives his car into the tree. Magere, a police officer investigating the incident tells Karanja that he needs to pound poles into the ground to support the tree, or the Mugumo tree will topple over. Karanja pounds in the poles, but the physical strain of doing that gives him a terrible back injury as he slips a disc in his spinal cord. Advise Karanja whether he may have any claims in tort. If not, then why not?

3. a. Mrs. Nyakang’o was loading groceries into her car with her toddler, Shikilia a two-year old, sitting in a shopping cart a foot from the car. Muia did not check his mirrors and reversed his lorry out of a parking space and crashed into the shopping cart holding Shikilia. Mrs. Nyakang’o, standing a couple feet away, witnessed Shikilia thrown from the shopping cart. Shikilia was badly injured, and Mrs. Nyakang’o became depressed, resulting in fatigue, weight loss and suffered a stroke paralyzing her left hand side. Advise Muia on his legal position.

b. 8-year-old Muthomi was playing in his parents’ front garden when he accidentally threw a ball too far, hitting a neighbour, Mulango’s, brand new Peugeot 807. Mulango was enraged and threatened to kill Muthomi. Muthomi ran inside his house and told his mother Karimi what had occurred. Although Muthomi was only mildly upset by the incident, Karimi was extremely distressed. She suffered an emotional breakdown and needed years of both physio and psychotherapy to recover. Advise Karimi on whether she can recover compensation in tort. If not, then why not?

4. Hakiyetu, a high school football team was practicing for its upcoming game against its archrival Babayao. The skies darkened as a storm approached and minutes later, it began to rain heavily. Even though the storm intensified, coach Teleza did not stop the practice, because he had no reason to believe the storm presented a danger to his players. Suddenly, a bolt of lightning struck and killed Hakiyetu’s star player, Ayodi. The School Board is a private entity, but were unresponsive to compensation demands from Ayodi’s family. To what extent may Ayodi’s parents prevail in a lawsuit against Hakiyetu School Board? If not, then why not?

5. a. Nkasiogi, a resident in a gated community walked to the communal token to top up his electricity bill. Nkasiogi started punching numbers and promptly received an electric shock. Although Nkasiogi was stunned, he did not suffer any pain or injuries. Unbeknownst to Nkasiogi, a technician employed by the telephone company had incorrectly rewired the token paypoint the previous day, causing a short circuit in the payment mechanism. Nkasiogi instituted a personal injury action for negligence against the Kenya Power and Lighting Company. Will Nkasiogi recover? If not, then why not? 

b. Tandika Tattoo Parlor has a sign in the window that says “Temporary Tattoos Also Available.” The tattoo artist, Alamina shows customer samples of her work. Mutuku, a customer picks out a design, and pays to have the tattoo done. Mutuku thinks that he is getting a temporary tattoo, but does not communicate this to the artist. Alamina gives Mutuku the tattoo. After several weeks, the customer concludes that the tattoo is permanent, not temporary. He brings an action against Alamina. Will Mutuku’s suit against Alamina for battery be successful? 

6. Mutua, a driver and passenger Ngotiek were driving to work in the Mutua’s car. As they were driving, Ngotiek suddenly pointed to an overturned vehicle along the side of the highway. As Mutua turned to look at the overturned vehicle, he failed to see Gichuhi’s abandoned vehicle about 100 meters in front of him. Seconds later, Mutua crashed into the abandoned car and was injured. Advise Mutua on whether he can assert a claim against Gichuhi and the most likely outcome of such an action. If not, then why not?

This LAW108 – Law has been solved by our PHD Experts at My Uni Paper.