Diana Wangamati
Diana Wangamati
LSS201-C002-0144/2020
TORT II
1) Marara Enterprises are liable for the damage caused by
the fire to Miruka traders , they were negligent as the
occupiers of the premises thus they’ve a duty of care to
inspect the building and discover any faults then make it
safe or warn other premises owners or put measures that
will not lead to any dangers to other occupiers. Moreover ,
since it was a building, the wire is shared among various
occupiers and is therefore a common aspect of the
building. The owner owed a duty of care to prevent harm
to those occupying the building. Marara Enterprises
breached this duty, they failed to maintain the wiring in
the building in safe conditions , they should have
inspected the property for any dangers. The wiring being
faulty shows that they did not maintain their premises. It’s
foreseable if a wiring is faulty it could spark and lgnite
flammable materials. Miruka traders may claim for general
damages for the damage caused by the fire. They may
also claim for special damages for the value of chemicals
he lost in the fire. Negligence is illustrated in the case of