NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
SCHOOL OF LAW
MARCH/APRIL 2014 EXAMINATION
COURSE CODE: LAW323
COURSE TITLE: LAW OF TORT I
TIME ALLOWED: 3 HOURS
INSTRUCTION: QUESTION ONE IS COMPULSORY AND YOU ARE TO ANSWER ANY OTHER THREE (3) QUESTIONS. All questions carry 17.5 marks.
- Chief Anya has warned Ikenna never to see his daughter Oma again. He gave instructions to his gateman to manhandle Ikenna if he ever steps foot in the compound again. On Sunday morning when Chief Anya travelled, Ikenna came to take Oma out on a shopping spree. When they were leaving the mall, they were suspected of shoplifting by the security men and were detained in the security yard. During the investigation, Chief Anya was contacted by the management of the mall and he was briefed of what happened, he was furious and called his gateman blaming him for allowing Oma out of the house with Ikenna. Chief Anya told the gateman to manhandle Ikenna when next he sees him at the house. After the security men finished their investigations 5 hours later, it was discovered that Ikenna and Oma were innocent and they were allowed to leave. Ikenna dropped oma at her house. On sighting Ikenna, the gateman consequently beat Ikenna up and locked him in the boys’ quarters till the next morning when the gateman received a call from Chief Anya who called to inquire about the welfare of the house. Chief Anya subsequently ordered the gateman to release Ikenna. Discuss the legal issues.
2. There was robbery in Trouble community which was reported to the police station and Shoba was the name given to the police officers as the main suspect. When the officers arrived at Shoba’s house, they met his wife and 2 children. The officers suspecting that his wife knew the whereabouts of her husband but refused to disclose to the officers, the officers beat up Shoba’s wife. Meanwhile, Shoba 1st child attempted to run away to call for help but he was shot by one of the police officers. Advise the parties.
3. Jezebel a business woman began acting as the sole distributor for crystal phones a new type of technological phones in Nigeria in September 2013. The distinctive function of the phone is that users could also watch television stations on the phone. In March 2014, Mary started the same business acting as a distributor for Crystal phones. Jezebel got jealous of Mary that she persuaded other traders not to buy from Mary otherwise she (jezebel) would deal with the traders. Mary was unhappy and confronted jezebel in an aggressive manner calling her all sought of abusive names. Jezebel was so angry that she threw a lighter on Mary who suffered severe burns and was admitted in the hospital where she was required to undergo blood transfusion to save her life. Mary refused the blood transfusion on religious grounds and died two days later. Discuss the legal issues and advice the parties.
4. The distinction between Special Damages and General damages is like six and half a dozen. Discuss.
5. Discuss the adequacies or otherwise of the defences to the tort of negligence.
6. Discuss the legal issues:
(a) Messi took his family on a vacation to Obudu Cattle Ranch. There was a section with a garden and a warning sign stating “DANGER ZONE…KEEP OFF”. Messi’s 10 year old daughter and only child Eva went into the garden, plocked a cherry from a tree, ate it and died.
(b) Akin attempted to procure an abortion for his girlfriend Labake. He gave her some drugs he got from the pharmacy. She took the drugs and suffered permanent and irreparable damage to her womb.
(c) Micheal went to Danger-Zone Clinic for a cosmetic surgery to have lighter skin. After the surgery, his skin began to fall off.
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