Identify the tort that may have been committed in the instances listed below and explain the possible defenses available to the defendant.; Mrembo visited Beutex shop to buy cosmetics. Owing to the slippery nature of the floor, she slid and broke her leg and Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the bus burst and Msafiri was injured. He went to hospital where he was treated and discharged. Five years later Msafiri brings action against owners of the vehicle for recovery of damages

(i)
• This problem is based on occupiers liability.
• Beutex shop owed all its visitors a common duty of care.
• The shop owed Mrembo this duty but now that she was injured there in, she has a claim in damages against the owners of the shop.
• The owners of Beutex may argue that they had displayed a warning sign informing visitors not to use the wet floor but Mrembo ignored the same.

(ii)

• This problem is based on the tort of negligence.
• The bus company owed Msafiri a legal duty of care but due to a breach of that duty i.e. the failure to maintain the bus, Msafiri was injured.
• From the date of the accident Msafiri has a cause of action against the bus company but did not do so until after five years.
• Msafiri has no enforceable action against the bus company as it is statute barred.
• Under the provisions of the Limitation of Actions Act, Cap 22, actions based on the tort of negligence become statute barred after three years.



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