Question: Kilonzo has been a traumatized person after learning that his blood left Mwakio more ill. He blames Claire for the entire mess. Kilonzo claims that

Kilonzo has been a traumatized person after learning that his blood left Mwakio more ill. He blames Claire for the entire mess. Kilonzo claims that knowing his blood caused two serious illnesses has resulted in severe nervous shock, such that can no longer trust hospitals, doctors, or nurses. Yet because he is ill, he needs medical attention. He wants to hold Claire responsible and has brought an action claiming that Claire's actions resulted in negligent infliction of nervous shock. Explain to Kilonzo, based on the facts, what is required for a court of law to find Claire liable in negligence.
Explain the following, with authorities :
a)   Exemplary or punitive damages
b)   African customary law on tort liability
c)   Ex turpi causa non oritur action
d)  Vicarious liability

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a Exemplary or Punitive Damages To establish a claim for exemplary or punitive damages in negligence Kilonzo would typically need to show that Claires ... View full answer

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