H, an infant, hired horse for riding, and was expressly told by B not to use kit for jumping. But he used it for jumping and thereby injured the horse. Held that he was liable, for this tort was independent of the contract. Husband and wife Law reforms (married women, and tort feasors) act 1935 of England. At a common law as a general rule as married woman is answerable for her wrongful acts, including fraud, and she may be sued in respect of such acts. Under the married women's property act, 1882, a married woman shall be capable of being sued in tort in all respect and her husband need not be joined with her as defendant. By section 12 of the act, a wife may sue her husband for the protection and security of her own property e.g. for conversion or detinue, but not for personal injuries. But in Kenya, law a husband is still liable for torts committed by his wife. Liability of parents A father is not liable to the tort committed by his children unless he authorized the tort or if the tort was occasioned by hiss negligence. For example, if a father sends his son on some business, with his cart, and 94
horse, and the son causes injury by his negligent driving, the father is liable. Judges and magistrates Under section 6 of the Judicature act (cap 8) no judge, magistrate and no other person acting judicially, can be sued in any civil court for any act done or ordered by him in the discharge of his official duty. A similar protection extends to the officers of the court in process of any order of the court. Trade unions Trade unions enjoy special protection, According to section 23 of the trade union act (cap 233), no action shall be brought against a trade union for torts committed by their members of official acting in furtherance of a trade dispute e.g. strike, or locknet etc. However, the act does not take away the personal liability of an individual who commits a tort on behalf of a trade union. Illustration Bookes V. Barnard, 1964. The plaintiff, an employee of B.O.A.C, left his union after a disagreement. The union told B.O.A.C that they would withdraw their labor if the plaintiff were not dismissed. B.O.A.C discharged him by giving notice. Rooks sued the union officials for the tort of conspiracy in their private capacity. Held, officials had committed conspiracy and were not protected by the Trade Dispute Act. Joint Feasors (Law Reform Act (CAP 26) Section 3) Where two or more persons assist each other in the furtherance of a common design and commit a tort, they are known as joint tortfeasors. They may be sued jointly, or any one of them may be sued for the, while of the damage. As between the joint feasors, there is a right of contribution, under which the court may apportion the damages between them in such away as is just, having regard to their respective degrees of blame.