Discuss the exceptions to this doctrine. i) Third party insurance -Under the Insurance Act, users of motor vehicles should be compensated if the motor vehicle was being driven by an insured driver or an authorized driver. ii) Agency- An agency Read More …
Month: September 2020
Summarise three rules governing a sale by auction.
Rules governing sale by auction:- Where goods are put for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. Knockouts are allowed unless fraudulent A sale by auction Read More …
Describe three conditions implied in a contract for sale by sample.
The following conditions are implied in a contract for sale by sample:- That the bulk shall correspond with the sample in quality. That the buyer shall have a reasonable opportunity to compare the bulk with the sample. That the goods Read More …
David Kama wrote to Lotha Muwe offering to sell his home. In the letter, David Kama advised Lotha Muwe to inform his (Lotha Muwe’s) wife, Nicole Nyambura, about his acceptance or rejection of the offer. Lotha Muwe wrote to David Kama accepting the offer without informing Nicole Nyambura. Explain whether an agreement exists between David Kama and Lotha Muwe.
An agreement does not exist between David Kama and Lotha Muwe because of the following:- Acceptance must be in the prescribed form. In this case the offeror clearly stated Lotha Muwe was to signify his acceptance by calling Nicole Nyambura Read More …
Under the law of contract, certain types of contracts must be evidenced in writing for them to be valid. With reference to the above statement, identify ten types of contracts which must be evidenced in writing in order to be valid.
Ten types of contracts which must be evidenced in writing Hire purchase agreements. Conditional sale agreements. Transfer of shares in a registered company. An acknowledgement of a debt which has become statute barred under the limitation of Actions Act. An Read More …
Explain five exemption clauses which if included in a contract might be considered null and void.
Exemption clauses which are null and void: Clauses which purport to exclude liability for death. Clauses which attempt to exclude the implied condition that the seller has title to the goods. Clauses which seek to restrict liability for negligence – Read More …
In relation to the law of tort, discuss the following concepts: i) Defence of volenti non-fit injuria. ii) Three defences available for the tort of nuisance
In relation to law of tort i) Defence of volent non-fit injuria This literally means no injury is done to a willing person. If the alleged negligence is as a result of the willingness of the plaintiff, the defendant is Read More …
Msafiri transporters employed Dickson Makanyanga as a driver to transport passengers from Nairobi to Busia while on the way; Dickson Makanyanga drove the bus at high speed while negotiating a sharp corner. As a result, he lost control of the bus and caused an accident .A total of twenty passengers were injured while three passengers died on the spot. Judy aliaka, who sustained a head injury and was hospitalized for a long time, has sued for compensation but Msafiri transporters have denied liability. In reference to vicarious liability in the law of tort, discuss five legal principles that Judy Naliaka may rely on in her suit against Msafiri transporters.
Legal principles that Judy Naliaka may rely on in her suit against Msafiri transporters in reference to vicarious liability in the law of tort Under the principle the employer is normally held liable for the torts committed by the employee, Read More …
The general rule is that motive is irrelevant in the law of tort for the purpose of liability explain the exception to this rule
Explain the exception to the general rule that motive is irrelevant in the law of tort for the purpose of liability Motive is the mental element or reason for doing something. It has more to do with malice. Generally, motive Read More …
Janet Rama, a business lady sent a telephone message to Mary Kale a fellow business lady, accusing her of “stealing” her clients. The message contained abusive words to the effect that Mary Kale was “a witch” who uses “herbs” and witchcraft to lure customers to her saloon and boutique. In addition to sending the message to Mary Kale, Janet Rama sent the message to several customers of Mary Kale. As a result, Mary Kale has lost many customers and her business is threatened with closure. All the contents of the message were false. Mary Kale has come to you for legal advice. Required; i) Explain to Mary Kale the term “defamation” ii) Advise Mary Kale on her legal rights, if any.
(i) Meaning of the term “defamation” Defamation is the publication of a statement, which reflects on a person’s reputation and tends to lower him in the estimation of right thinking members of society generally, and tend to make them shun Read More …