Roy Keen recently bought the car of his dreams, a BMW X 6 models. In a bid to show his friends www.masomomsingi.co.ke Page 10 how fast the car was, Roy Keen dashed off at a speed of one hundred kilometers per hour within the estate. The car lost control and crashed into a school van carrying pupils killing three of them on the spot. Roy Keen also perished in the accident The parents of the three deceased pupils intend to sue the administrators of Roy Keen’s estate. Required: Identify the legal principles applicable in the above case and advise the parents of the deceased pupils.

Legal principles applicable in the above case and advise the parents of the deceased pupils.

The question concerns negligence on the part of Roy Keen.

He owed the duty of care to road users and breached it. This resulted into injury upon three pupils.

Roy keen failed to see the likelihood of his actions causing injury. The administrators of the estate of Roy Keen are the legal representatives of the rights of obligation of the deceased. They shall be legally bound to compensate the parents of the deceased pupils. The death of a wrong doer does not prevent the aggrieved from claiming compensation.
Meanwhile the administrator or management of the residential estate should have placed speed pumps or warnings regarding over speeding. They will be liable in contributory negligence if such warning was not provided.

 

In summation, and as seen from the above, the parents of the deceased pupils should sue the administrators of Roy Keen’s estate

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