Understanding Negligence in Kenyan Tort Law
Negligence in Kenyan Tort Law
Negligence is a breach of a legal duty of care that results in damage to the plaintiff by the defendant. Kenyan tort law is based on English common law.
Key Elements of Negligence
Duty of Care
A legal obligation to take reasonable care to avoid causing harm.
The Neighbour Principle, from Donoghue v Stevenson, states that a duty of care is owed to those closely and directly affected by your actions. Foreseeability is essential; the injury to the plaintiff must be reasonably
Read MoreContract Law, Criminal Justice, and Torts: Key Concepts
Contracts
What are the elements of a contract? Offer, acceptance, consideration, legality of subject matter, contractual capacity (void or voidable).
What laws generally govern contracts? Common law.
What law governs the sale of goods between merchants? UCC (Uniform Commercial Code).
What is an offer? A statement of the terms on which the offeror is willing to be bound.
What is needed for an offer to be effective? Intention to make an offer, definiteness of terms, communication of the offer.
Who is the
Read MoreModal Verbs, Past Modals, and Personal Anecdotes
Lesson A: Rules and Regulations
The Passive of Modal Verbs: Should, Must, Have to, and Ought to – To Talk About Things You Think Are Necessary
Subject + modal verb + be + past participle
Example: They have to be given their freedom. – The law ought to be changed.
Negative statements: subject + modal verb + not + be + past participle.
Example: You shouldn’t be allowed to marry at 18.
Lesson B: Crime and Punishment
Get Passive vs. Be Passive
You can also use get + past participle in passive statements:
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