Rules governing the passing of risk in sale of goods contract. In an unconditional contract for sale of specific goods in a deliverable state property passes at time of contract. In a contract of sale of goods that are in Read More …
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Day: September 17, 2020
Explain two ways through which the seller’s right of “stoppage in transitu” could be exercised.
Two ways through which the sellers right of stoppage is transit could be exercised: Taking actual possession of the goods Giving notice of the seller’s claim to the party in possession or his employer
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Discuss the doctrine of “caveat emptor”, as used in the context of the law governing sale of goods.
Doctrine of caveat emptor as used in sale of goods The doctrine of caveat emptor means “buyers beware”. According to this doctrine, the seller is not bound to disclose any defects in his goods to the buyer unless specific defects Read More …
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Describe four duties of a seller under a cost, insurance and freight (CIF) contract.
Duties of a seller under C.I.F contract Pay insurance charges. Pay freight charges. Ship the goods. Supply the shipping document to the buyer
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Summarise four rules governing the transfer of property in goods.
Rules governing the transfer of property in goods When there is an unconditional contract for the sale of specific goods in a deliverable, state, the property passes to the buyer when the contract is made. Where there is a contract Read More …
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On 31 December 2012, Smith Lemaiyan, appointed Aggrey Mchuzi as his money-lending agent. In January 2013, Aggrey Mchuzi without Smith Lemaiyan’s authority advanced Sh.100,000 to Jimmy Cheney without disclosing to Jimmy Cheney that lie was Smith Lemaiyan’s agent. Jimmy Cheney has since refused to refund the Sh.1 00,000 advanced to him. Analyse the legal principles applicable in the above case and advise Smith Lernaiyan, Aggrey Mchuzi and Jimmy Cheney on their liability.
Legal principle applicable in the case Smith Lemaiyan is an undisclosed principal. Jimmy Cheney is a third party. Since Aggrey Mchuzi (the agent), has contracted/lent money in his own name, he is liable to jimmy Cheney personally. If the third Read More …
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Explain three circumstances when an unpaid seller could exercise the right of resale.
Circumstances when an unpaid seller can exercise the right of resale Where the buyer has repudiated the contract. When the contract of sale expressly provides. If the goods are perishable. If the price is not paid within a reasonable time.
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In relation to a contract of sale of goods: Highlight the rules that govern delivery of goods.
Rules that govern delivery of goods. Whether it is for the seller to transmit the goods to the buyer or for the buyer to take delivery at the seller’s premises depends on the agreement between the two. Unless otherwise agreed, Read More …
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In relation to a contract of sale of goods: Outline four categories of unascertained goods.
Categories of unascertained goods. i) Goods to be manufactured by the seller. ii) Crops to be grown by the seller. iii) Purely genetic goods. iv) An unidentified portion of a special bulk or whole.
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The literal translation of the rule „nemodat quad non habet‟ is that no one can give what he has not. However, there are exceptions to this rule. Discuss the exceptions to the nemodat rule.
Exceptions to the nemodat rule: Sale under voidable title: When the seller of the goods has a voidable title to them, but his title has not been avoided at the time of the sale, the buyer acquires a good title. Read More …
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