Month: September 2020

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …