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Distinguish the following: (i) Law and Morality (ii) Public and Private Law (iii) Common Law and Equity (iv) Substantive Law and Procedural Law (v) Ratio Decidendi and Obiter Dicta

Distinguish the following: (i) Law and Morality (ii) Public and Private Law (iii) Common Law and Equity (iv) Substantive Law and Procedural Law (v) Ratio Decidendi and Obiter Dicta ANSWER i) Law and Morality Morality is the sense of judgement Open …

Distinguish the following: (i) Law and Morality (ii) Public and Private Law (iii) Common Law and Equity (iv) Substantive Law and Procedural Law (v) Ratio Decidendi and Obiter Dicta

Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price. Keter asked Kamau how many sheep could be reared on the farm and Kamau replied, “I have not used the farm for sheep rearing but I think it could support 2000 sheep.” Keter bought the farm and immediately purchased 2000 sheep to rear on it. However, the firm is unable to accommodate the 2000 sheep and Keter is aggrieved and intends to sue Kamau for misrepresentation. Advise Kamau

Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price. Keter asked Kamau how many sheep could be reared on the farm and Kamau replied, Open …

Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it against fire with Linda Mali Insurance Co. Ltd and Pokea Insurance Co. Ltd for Sh. 15 million and Sh. 10 million respectively. He also insured his household goods against burglary with Lipa Insurance Co. Ltd. for Sh. 5 million. One night while he was away, burglas broke into the house, stole all household goods and set the house on fire completely destroying it. Akili Mingi claims the sum assured from the three insurance companies. Advise them

Akili Mingi owns a house at Muthaiga in Nairobi valued at Sh. 20 million. He insured it against fire with Linda Mali Insurance Co. Ltd and Pokea Insurance Co. Ltd for Sh. 15 million and Sh. 10 million respectively. He Open …

The “Harbinger,” a newspaper of wide circulation recently published an educational article in one part of its columns “the close structural resemblance between man and the gorilla.” It illustrated the point by two photographs. One was a man in a wrestling pose with the caption “Hamisi Nduati not fundamentally different from the gorilla in physique.” Mr. Hamisi Nduati has realized that the photograph was taken in one of his wrestling contests which he won. He alleges that he enjoys international reputation as an outstanding wrestler and he therefore argues that he has been defamed. He comes to you for legal advice. Advise him

The “Harbinger,” a newspaper of wide circulation recently published an educational article in one part of its columns “the close structural resemblance between man and the gorilla.” It illustrated the point by two photographs. One was a man in a Open …

Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold’s wife. Explain whether there is a valid contract between Arnold and Ben in the following situations: i) Ben does not telephone Cecilia but writes to Arnold accepting his offer. ii) Ben sends a telex to Arnold accepting the offer.

Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold’s wife. Explain whether there is a valid contract between Arnold and Ben in the following Open …

Annan agreed to paint Angela’s house at an agreed price. When Annan had finished the work. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the doors. Annan fell ill and could not complete the work. Angela refused to pay Annan the contractual price, claiming that the contract had not been fully executed and that therefore he was entitled to be paid only a reasonable sum for the work he had actually undertaken. This, Annan claimed, was much less than the contract price. Advise Annan

Annan agreed to paint Angela’s house at an agreed price. When Annan had finished the work. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the Open …

Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and seeks your legal advice on what options they can take to realize the security. Advise White bank

Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and Open …

Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick’s factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production. Advise Derrick in regard to his rights, if any, against Desmond.

Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick’s factory was at a standstill during this period and he lost Open …

Due to Desmond’s carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick’s factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production. Advise Derrick in regard to his rights, if any, against Desmond