Description

LAW OF TORT

QUESTION ONE:

China Road Construction Company has been awarded a tender to construct an expressway along Mombasa Road all the way through Uhuru Highway which is a major road within Nairobi City. In the course of the construction, the Company has dug huge trenches along the said road. The Company has failed to put any warning signage or guards to prevent persons, motorists and other road users from falling into the trenches. One Friday morning Otieno was driving to work when his motor vehicle plunged into the trench as a result of which Otieno was seriously injured and his motor vehicle written off.

1. Using at least one decided case advise Otieno on the course of action that he should take against China Road Construction Company noting to discuss the requirements thereof. (15 Marks)
2. Using one case law, advice Otieno on how he would be able to prove his claim in a court of law.(6 Marks)

1. c) One of the claims that Otieno intends to make against China Road Construction Company are the losses that his business suffered during the period when he was hospitalized (one year). Advise Otieno on chances of such a claim succeeding. (4 Marks)