Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours.
As a result, Derrick’s factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production.
Advise Derrick in regard to his rights, if any, against Desmond. (8 marks)
ANSWER
• This problem is based on the tort of nuisance and more specifically public nuisance. Desmonds carelessness in allowing excessive current to develop led to the public nuisance for which he is liable to prosecution by the Attorney General.
• Although public nuisance is a crime, it is also a tort to the extent that a person affected by it has suffered particular loss.
• In this case Desmonds careless act made Derrick to incur a loss of Kshs. 50,000 from lost production.
• My advise to Derrick is that he has an actionable claim against Desmond in damages for public nuisance.