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Namoei sent his driver shitanda to deliver cement from Namoei’s place of work to his home. Namoei issued strict instructions to shitanda not to drive anywhere else for any purpose. Shitanda decided to pass through his son’s school to see him. On his way the vehicle veered off the road and rammed into mwangi’s Kiosk damaging it extensively. Mwangi has demanded that Namoei repairs his kiosk but Namoei has refused. Mwangi is aggrieved and seeks your legal advice.
(i) Explain the legal principle applicable to this case.
(ii) Advise Mwangi
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