Rules governing sale by auction:- Where goods are put for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. Knockouts are allowed unless fraudulent A sale by auction Read More …
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Day: September 17, 2020
Describe three conditions implied in a contract for sale by sample.
The following conditions are implied in a contract for sale by sample:- That the bulk shall correspond with the sample in quality. That the buyer shall have a reasonable opportunity to compare the bulk with the sample. That the goods Read More …
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David Kama wrote to Lotha Muwe offering to sell his home. In the letter, David Kama advised Lotha Muwe to inform his (Lotha Muwe’s) wife, Nicole Nyambura, about his acceptance or rejection of the offer. Lotha Muwe wrote to David Kama accepting the offer without informing Nicole Nyambura. Explain whether an agreement exists between David Kama and Lotha Muwe.
An agreement does not exist between David Kama and Lotha Muwe because of the following:- Acceptance must be in the prescribed form. In this case the offeror clearly stated Lotha Muwe was to signify his acceptance by calling Nicole Nyambura Read More …
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Under the law of contract, certain types of contracts must be evidenced in writing for them to be valid. With reference to the above statement, identify ten types of contracts which must be evidenced in writing in order to be valid.
Ten types of contracts which must be evidenced in writing Hire purchase agreements. Conditional sale agreements. Transfer of shares in a registered company. An acknowledgement of a debt which has become statute barred under the limitation of Actions Act. An Read More …
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Explain five exemption clauses which if included in a contract might be considered null and void.
Exemption clauses which are null and void: Clauses which purport to exclude liability for death. Clauses which attempt to exclude the implied condition that the seller has title to the goods. Clauses which seek to restrict liability for negligence – Read More …
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