Month: February 2021

(a) With the help of the decided cases, discuss various ways in which an agency may be created. (12 marks) (b) Juma had sent 10 tons of mangoes from Meru through Meru Transporters Ltd to a buyer  in Nairobi. It Read More …

Express Appointment An agent may be expressly appointed by words, spoken or written. In general no formality such as writing is required. The appointment may be made orally, or in writing. Even where an agent is appointed orally he can Read More …

Damages Whenever there is a breach of contract by one party, the other is entitled to claim damages provided the damage is caused by the breach and not too remote. If, in fact, the innocent party has suffered no loss Read More …

A contract is discharged by performance when the parties have performed their obligations under the contract in accordance with its terms. In other words, performance must exactly match what the parties agreed to do. Any deviation from performance of exact Read More …

The law on mistake covers a wide range of situations for which the common law and equity have each developed different remedies. At common law, if it can be shown that the contract was made because of a mistake, the Read More …

In this lecture we shall consider those rules of the law of contract which say that although a contract apparently validly made between the parties, in specified circumstances courts will not give effect it. The reason being that a party Read More …

3 Terms and Representations Before they entered into a contract the parties may have been involved in negotiation for sometime during the course of which they might have made many statements or promises. It does not follow that all such Read More …

Definition of Consideration Many attempts have been made to define consideration but few if any have been entirely satisfactory. A promise is only binding if it is made in return for another promise or act. Consideration is a part of Read More …

The Concept of Contract A contract may be defined as agreement or bargain between two or more persons which is legally binding on the parties. The word ‘’person” is used here to include individuals, associations and corporations. To say that Read More …

Meaning of Sources of Law The expression ” source of law” has several distinct meanings First, it may refer to the direct means by which law is made or comes into existence, that is, the legal sources,Secondly, it may mean Read More …