The note or memorandum evidencing the contract must contain the following information: Description of the parties sufficient to indentify them. Description of the subject matter sufficient to identify it Signatures of the parties. Consideration
Month: September 2020
Contracts which must be under seal
Contracts which must be under seal. This is a contract drawn and sealed by a party and submitted to the other for signature. Such is a contract requires on consideration. Example include lease agreement, charge, mortgage. Contracts which must be Read More …
Ways in which a lease may be determined
A lease may be determined in various ways, namely: Notice: either party may notify the other its intention to terminate the lease. This is possible where the date of termination is not specified. Lapse of time: all fixed period tenancies Read More …
Types of tenancies
Fixed period tenancy: this is a tenancy created for a fixed term. It has a specific commencement and termination date. It determines on expiration of the duration. Periodic tenancy: this is a tenancy which continues indefinitely from a periods of Read More …
Ways in which property may be acquired
Property may be acquired in various ways some of which include: Asserting ownership over things not previously owned by anyone else. Adverse possession i.e. asserting ownership on abandoned land. Purchase from a previous owner. Inheritance.
Duties of a personal representative
Duties of the personal representative To pay out of the deceased estate reasonable funeral expenses. To collect in all the free property of the deceased including debts owned or money payable. To pay out of the deceased estate all expenses Read More …
Ways in which a will can be revoked
Another will or codicil: under sec 18 (1) of the Law of Succession Act, the will or codicil revoking the earlier will must declare intention to revoke it. Destruction: under sec 18 (1) of the Act a will is revocable Read More …
Formalities of a valid will
Under section 8 of the act, a will may be made either orally or in writing. The validity of an oral will is dictated by two factors: The declaration must be made before two or more competent witnesses. The testators Read More …
Characteristics of a valid will
Ambulatory: a will is said to be ambulatory in that it only speaks after death. It distributes a persons property in death. Revocability: a will is revocable by the test or at any time when he has capacity to make Read More …
Remedies of a legal mortgage
Fore closure: this is a court order which extinguishes the borrower’s equitable right to redeem the property. The interest of the borrower in the property is vested in mortgagee. Statutory power of sale: this is the right of the mortgagee Read More …