NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
SCHOOL OF LAW
March/April 2014 EXAMINATION
COURSE CODE: LAW324
COURSE TITLE : LAW OF TORT II
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.
1. Flourish food is a popular restaurant in the Abuja. Adamu graduated five years ago and has been unable to get a job. He decided to try his hand on making home made cakes in his house. He informed his family and friends. He would bake cakes and deliver to his customers. Within months Adamu’s business grew. He decided to expand his business. He rented a double shop in Abuja to use as his bakery. He registered his business as Flourish cakes and cream. The management of flourish food are unhappy with Adamu’s business because they feel Abuja residents would feel Adamu’s business is an outlet of Flourish food.
(a) What legal action should Flourish Foods take?
(b) What elements should Flourish foods prove to make Adamu liable?
(c) What remedies would be available to Flourish Foods?
2. “For a plaintiff to succeed in a claim for nuisance, the defendant’s conduct must be adjudged to be unreasonable having regard to the circumstances of the case”. Discuss.
3. Kosofe brought a tanker to his compound which he planned on using to sell water to the members of his community. On New Year ’s Eve, Kosofe went to night vigil and forgot to switch off the pumping machine. Water from his tank got filled up and overflowed to his neighbour’s house Amuwo causing damage to Amuwo’s properties.
(a) What cause of action should Kosofe be liable for if any and why?
(b) What are the elements that need to be proved for liability against Kosofe?
(c) What defence(s) do you think can avail Kosofe?
4. Michael owns a construction factory and employed Power who to Michael’s knowledge has only one good eye to work as a welder. Michael did not provide safety goggles for the welders under his employment. During welding operations, Power was involved in an accident that damaged his only good eye thus rendering him blind. Discuss whether and what liability can arise from Power’s injury. What are the factors the courts would consider in determining whether Power’s act occurred in the course of employment?
5. Discuss the principle that an employer is not liable for the acts of an independent contractor.
6. Asheju works at Global plc owned by Goris. Asheju told her neighbour Asili that Goris collects bribe from customers. Asili who is a girlfriend to Goris told Goris what Asheju said. Goris then dismisses Asheju from her job. Asheju got angry and granted a television interview where she repeated that Goris takes bribe from customers and chases anything in skirt including Asili. Because of the public statement, Global plc lost some customers and had suffered wide criticisms and public backlash. Gori is not happy and plans to sue.
(a) What tortuous act should Gori sue on?
(b) What elements must Gory establish for a successful claim?
You can get the exam summary answers for this course from 08039407882
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