Definition Section 3 of the Kenya Partnership Act (cap 29) 1962 defines partnership as ‘ the relation which subsists between persons carrying on a business in common with a view of profit.’ Registered, statutory companies are not partnerships. Section 4 Open …
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Agency: Summary notes
Definition of agency. Agency is the relationship which arises where one per-son, the agent, is authorized to bring another, the principal, into contractual relationship with third parties. Anyone with contractual capacity can employ an agent to make his contracts for Open …
Hire Purchase: Summary notes
Goods are frequently sold on agreements known as hire purchase agreements. The essence of a hire purchase agreement is that the goods are on hire only, and that the property in them is not to pass to the customer or Open …
Sale of Goods: Summary notes
SALE OF GOODS The contract of sale A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price. It must Open …
Negotiable Instruments: Summary notes
To rank as a negotiable instrument, a document must be recognized as such by statute, or by custom of merchants. A negotiable instrument is a written document which represents money. The main characteristics of Open …
The Law of Contract: Summary notes
Definition of contract. A contract may be defined as an agreement which the law recognizes as binding on the parties to it. The word binding is used, for there are some contracts which are valid but are not enforceable, e.g. Open …
Law of Succession: Summary notes
Where one person transfers his property to another, the transferee becomes entitled to the rights of the transferor. Almost all the legal systems make provisions for the transfer of property owned or possessed by the deceased. Success-ion normally occurs either Open …
The Law of Property: Summary notes
The Meaning of Property. Usually the word ‘property’ means the things which are capable of being owned, although they need not exist in tangible form. Hence in this sense the ‘property’ includes: ‘Things in possession’ such as pens, books, desks, Open …
Law of Tort: Summary notes
Definition The word tort is derived from the Latin term ‘tortum’ to twist, and implies con¬duct which is not justified by the law of the land. It has been defined as a ‘ civil wrong, other than a breach of Open …
Law of Persons: Summary notes
Legal Personality In ordinary language the term person connotes the idea of a human person. In law the term ‘person’ is used in a wider sense to include not only human beings but certain non-human entities. In its legal sense Open …