1.Tortuous liability arises from the breach of duty primarily fixed by law;this duty is towards persons generally and its breach is redress able by an action for unliquidated damages.Explain this statement distinguishing tort from contract.(23 marks)
2a)Where the harm is attributable partly to the fault of the defendant and partly to that of the plaintiff then any award of damages may be reduced by reason of the plaintiff’s fault.In the light of this statement discuss various rules relating to this defense.
b)An overloaded matatu with 25 adults and a child on it while driven on the correct side of the road was hit by a lorry owned and driven by Karau.The lorry was being driven at a high speed and was also on the wrong side of the road.As a result matatu driver was seriously injured.He sued Karau in tort.Karau admitted fault on his part of the matatu driver in that the matatu was overloaded.Advise matatu driver.(11 marks).
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