Description

LAW OF TORT

Question One

Kamau an experienced driver who does not have any accident record and who is known tservice his vehicle regularly was involved in a road accident after doing everything he could to avoid it. Ithe process although he ended up injuring a passerby slightly, he avoided a larger crowd of School studts who ran into the road at a place which was not designated for pedestrians and none of them got injured.

Meanwhile, he immediately called for help and the Kenya Red Cross sent an ambulance whicsped to the accident scene. They rescued the passerby who informed them that his name was HassaHassan truthfully informed the rescuers that he saw how well Kamau drove to avoid hitting the crowof children and that it was unfortunate he hit him.

While trying to lift him onto the ambulance vehicle, they carelessly dropped him on the pave ent injuring him further. At hospital he was treated and discharged. After three months he became paralyz d. His wife has sued Kamau. Her name is Khadija.

1. i) Discuss Kamau’s liability if at all.(5 Marks)

In your opinion do you think Khadija deserves any remedy while her husband is ali e?

(5 Marks)

• While trying to put together the case, you ask Kamau for his identity card and hep duces a US Green Card and informs you he is actually a US citizen. Explain his capacity to ue and any other requirement in Consular Law.(5 Marks)

1. With the aid of case law discuss the role in the causation chain played by the car less staff of

Red Cross.                                                             (10 Marks)