Day: September 23, 2020

The contract of insurance is the Locus Classicus illustration of the so called contracts uberrimae fidei i.e. utmost good faith. It modifies the common law principle of caveat emptor Both parties are bound to disclose material facts. The duty to Read More …

As a general rule, a seller of goods is not liable if the goods or not of merchantable quality or fit for the purpose for which they are obtained. This is the principle of Caveat emptor. However under section 16 Read More …

To provide and payout of the deceased’s estate reasonable funeral expenses. To get in all the free property of the deceased including debts and monies payable to the personal representative. To pay out of the deceased’s estate all expenses of Read More …

Under the Provisions of the Occupiers Liability Act Cap 34 an occupier owes a common duty of care to all invitees to his premises. This is the duty to take such care as in all the circumstances of the case Read More …

Duty not to derogate from the grant: the landlord must not do anything inconsistent with the tenancy. Duty to ensure quiet possession: the landlord, his servants or agents must not interfere with the tenants enjoyment of the premises as he Read More …

Among the various ways in which a contract may be discharged is performance which literally means fulfillment of the parties obligations as originally agreed. Originally, the common law did not acknowledge discharge by performance unless the obligations were performed precisely Read More …