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How was Negligence the main cause?
Negligence was the major cause:
A claim for damages can only succeed when there has been damage or loss to the claimant.
Illustrations:
• Personal injury
• Damage to property
• Financial loss directly connected to any of the above
• Pure financial loss is highly improbable to be recovered, although there are exceptions for example, Hedley Byrne and Company Ltd verses Heller and Partners Ltd in 1963.
Negligence should be shown to be caused through the defendant and not more remote.
Exceptions to the rule in Foss v Harbottle: According to Professor Wedderburn, the so-called exceptions are essentially no exceptions at all. They appear to be circumstances
Business Names: If a company has a place of business in Kenya and carries on business under a business name which does not consist of its corporate
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District Magistrate's Court - Civil Jurisdiction Conversely the civil jurisdiction of the district magistrate's courts in claims not below customary law was changed through St
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