Month: September 2020

A person who is a party to a contract is said to be privy to the contract and can benefit from it or have obligations imposed on him by it. He is also the only person who can sue or be sued under the contract. Required: Discuss the exceptions to this doctrine.

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 …

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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 …

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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 …

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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 …

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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 …

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