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.
Mariana was travelling from Nairobi to Mombasa by a bus operated by Safina Travellers Bus Company. At the booking office, she paid her fare for the journey including a charge for the luggage she was carrying and was issued with a ticket. On the rear side of the ticket, were warnings to the travellers that the safety of their luggage was solely their business and that if any luggage got lost, the bus company would not be liable for such loss. Upon arrival in Mombasa, Mariana could not find her luggages and raised the issue with Safina Travellers Bus Company management who denied any responsibility and referred her to the clauses in the ticket.
Advise Mariana on her rights in the circumstances.
Your classmate, Benjamin Mugambi has been absent for a while due to sickness and missed the class on Law of Torts. 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
In relation to the law of insurance, the insurer is not bound to accept the offer, however, if the insurer accepts the offer, it signifies a contractual relationship between the two parties.
With reference to the above statement:
(i) List any FOUR particulars in a proposal form.
(ii) State FOUR ways the insurer may signify acceptance of the proposal form.
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