(a) A guarantee is a contract by one person to be answerable for the debts, de-fault or miscarriage of another, in case the latter should fail to perform his engagement. It differs from an indemnity contract in that: only two Open …
Author: Jeff James
Write short notes on any two of the following: 1. The scope of African Customary law. 2. The civil and criminal jurisdiction of District Magistrate’s Courts. 3. Delegated legislation.
After independence the Customary laws of Kenya have been accorded full recognition as a source of Kenya law. Section 3 of the Judicature Act, 1967, provides ‘ The High Court and all subordinate courts shall be guided by African customary Open …
Examine difference between nationality and domicile and describe briefly the ways in which Kenya nationality may be acquired.
Nationality: is a matter of status and it affects a person’s relation with the out-side world. It is a political relationship between a person and a particular State. A person’s domicile is quite distinct from, his nationality. His domicile is Open …
Explain the nature of judicial precedent. To what extent are precedents absolutely binding?
The doctrine of judicail precedent is the rule under which the decisions of the higher courts of this country are binding in similar cases on the decisions of the inferior courts. It is not the entire decision which is binding, Open …
Write explanatory notes on any three of the following: (a) Ex-ship contract. (b) Equitable estoppel. (c) Contract of indemnity. (d) Bailment. (e) Double Insurance
(a) Ex-ship contract: is a contract whereby the seller accepts the responsibility of delivery of goods to the buyer from the ship which has arrived at the port of delivery. The risk in the goods throughout the transit vests in Open …
(a) What is meant by an indorsement on a bill of exchange, and in what circumstances is indorsement necessary? What is the legal position of an indorser? (b) A bill is payable to ‘Andrew or Order’. It is stolen from Andrew and the thief forges Andrew’s indorsement and indorses it to B, who takes it for value and in good faith. Does B acquire a good title?
(a) An indorsement is effected by the signature of the payee usually on the back of the bill. Bills payable to a specified person or to his order can be negotiated only by indorsement and delivery, i.e. unless the holder Open …
How may a seller give a better title to the buyer than he himself has in the goods? What is the rule of Market Overt? Does it apply in Kenya
The general rule is that where goods are sold by a person who is not the owner of them, the buyer acquires no better title than the seller had. This rule is expressed by the maxim ‘Nemo dat quad non Open …
. (a) How may agency arise by implication? (b) J was P’s agent and on P’s behalf made several contracts with T over period of some years. P later terminated J’s agency but failed to notify 7′. J continued to deal with T in his own name and on his own behalf, but became insolvent. T as a result suffered losses and now claims to be entitled to damages by way of compensation from P. Advise P as regards to his liability
(a) An agency by implication will arise where the principal places the agent in a position where it would be normal for the agent to contract on behalf of the principal although no express authority is conferred on him. For Open …
(b) Peteftan infant obtained a bank overdraft by pretending that he was over eighteen. The bank has informed his father that unless the overdraft is repaid, they will prosecute Peter for money obtained by deception. In great distress his father executes a deed to repay the overdraft himself Is he liable?
(b) Section 1 of the Infants Relief Act 1874, rendres all contracts entered into with an infant for repayment of money as absolutely void, and does not recognize any exception even if an infant obtains a loan of money by Open …
(a) S, an owner of a small business obtained goods on credit from John by sending an order on letter paper headed with the name of well established firm B& Co. and giving an address for delivery near to the premises of real B& Co. If S has sold the goods to C, who took them in good faith, can John recover the goods from C?
(a) A person may escape his liability under an apparently contract by proving that he contracted under a mistake of fact, and his mistake valid was so fundamental that it affected the root of the contract. Where a party to Open …