Business/commercial law essay question and answers

Jambazi sneaked into Cassman Green‟s compound with the intention of breaking into his car and stealing a radio cassette. As he was walking towards the car park, he fill into a pit which Green had dug to construct a water reservoir. As a result Jambazi was seriously injured.

Jambazi now seeks your legal advice as to whether he can successfully sue Green. State the legal principles applicable to the above facts and advise Jambazi. (10 marks)

ANSWER
• The legal principle applicable in this case is whether an occupier owes a common duty of care to a trespasser.

• Under the Provisions of the Occupiers Liability Act, Cap 34, an occupier owes all invitees a common duty of care to ensure that they are reasonably safe in using the premises for purposes for which they are invited or permitted to be there.

• Under the Provisions of the Occupiers Liability Act, an occupier owes no common duty of care to trespassers. However, the occupier must not injure the trespasser.

• In this case, it is evident that Jambazi is a thief and that‟s why he sneaked into Cassman Greens compound. He is for all purposes a trespasser.

• My advise to Jambazi is that he has no actionable claim against Cassman Green for the injuries as Cassman Green owes him no common duty of care. He has no one to blame. My advise is consistent with the provisions of the Occupiers Liability Act



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