Month: September 2020

The buyer can reject the goods for breach of a condition to be performed by the seller for example.  If the seller delivers more goods than the quantity contracted for.  If the seller delivers less goods than the Read More …

Credit sale This is a sale on credit. This is a contract of sale of goods whereby the purchase price is payable by five or more instalments. The property in this case passes on the payment of the first instalment Read More …

Conditions Right to sell: Under sect 8(1) of the Hire purchase Act, there is an implied condition that the owner will have the right to sell the goods when property is to pass. Fitness for purpose: Under sec 8 (2) Read More …

Acceptance is one of the basic elements of a contract. Acceptance of an offer gives rise to an agreement between the parties. Question is whether acceptance must be communicated to the offeror in all cases. The answer to this question Read More …

A mentally disordered person is subject to certain disabilities or incapacities for example. Has no capacity to enter into a contract. Has no capacity to have a domicile of choice Has no capacity to make a will. Has no capacity Read More …

Legal Personality Once an unincorporated association is incorporated it becomes a body corporate with rights and subject to obligations, with certain capacities and incapacities. This is the most fundamental attribute of incorporation from which all other consequences flow. This is Read More …

The Resident magistrate court Establishment It is established by section 3 (I) of the Magistrates Court Act, Cap 10, Laws of Kenya, as a sub-ordinate court. Composition The court is duly constituted when held by; the chief magistrate, senior principal Read More …

Constitution This is a body of basic rules and principles by which a society has resolved to govern itself or regulate its affairs. It contains the agreed content of the political system and the basic structure of government e.g. Executive, Read More …

The term law has no assigned meaning. It has no specific definition. However, it has been used in a variety of sense by different writers who have attempted to explain it. The study of law is referred to as jurisprudence. Read More …

Declaratory Precedent This is the application of an existing principle or proposition of law in a subsequent case. Original Precedent This principle or proposition of law as formulated by the court. It is the law creating precedent. Distinguishing Precedent This Read More …