This is the legal ability of a party to enter into a contractual relationship. Not every person has capacity to enter into any contractual relationship. A contract entered into by a person with no capacity to contract is unenforceable, for Read More …
Month: September 2020
Certain types of mistakes in the formation of a contract may affect the validity of a contract
Mistakes of fact which affect the validity of a contract are referred to as operative mistakes. The law recognizes various types of operative mistakes for example: Common or shared mistake: this is a mistake as to the existence or ownership Read More …
How the equitable principle of utmost good faith is manifested in the daily operations of a partnership
A partner may not engage in a competing business without the consent of other partners A partner who makes a secret profit without the consent of the other partners must account to the firm. A partner who has a personal Read More …
Ways in which a Partnership may be dissolved without a court order
Performance of the undertaking. Completion of the undertaking. Lapse of time-if the duration is fixed. At will: – a partner notifies the others of his intention to have the firm dissolved. Mutual consent. If all partners agree. Death of a Read More …
Circumstances under which “Delegates non potest delegare.” or maxim does not apply
This maxim literally means that “delegates must not delegate.” This maxim does not apply where: The sub-delegation is authorized by the contract between the parties. It is authorized by law. It is effected with the principals knowledge. It is authorized Read More …
Provisions deemed void if contained in a hire purchase agreement.
A provision which authorizes the owner or any person acting on his behalf to enter upon any premises for purposes of taking possession of goods let under a hire purchase agreement. A provision which relieves the owner from liability for Read More …
Circumstances under which the president may exercise prerogative of mercy
Under the provisions of the Constitution the president is empowered to: Grant pardon to a convicted person either free or subject to lawful condition. Grant respite to a person indefinitely or for a specified duration of the execution of punishment Read More …
Criticisms that have been leveled against delegate legislation as a source of law
It is argued that delegated legislation is not as democratic as statute law in that it is not always made by representatives of the people. Neither parliament nor courts of law can effectively control delegated legislation. It is contended that Read More …
Distinction between ratio decidendi and obiter dictar
Ratio decidendi: o Literally means reason for decision. o This is a principle or proposition of law based on the material facts of the case. o It disposes off the case before the court. o It is the binding part Read More …
Limitation of Islamic Law as a source of Law
It is recognized as a source of law of Kenya by the constitution and the Kadhis Court Act. Its limitations include: It can only be relied upon in the determination of civil disputes. It is only applicable in the determination Read More …