A corporation is an artificial legal person created by law, and once it is created t becomes a separate legal entity or ‘person’ distinct from the individuals who compose it. It is endowed by law with perpetual succession, so that Open …
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Distinguish between a private and a public nuisance, and state the facts which the plaintiff is bound to prove in an action for nuisance. Give instances of public nuisance and also instances in which the same act is both a public and private nuisance.
Nuisance has been defined as ‘ an unlawful interference with a person’s use or enjoyment of land, or of some right over, or in connection with it.’ The essence of nuisance is a condition or activity which unduly interferes with Open …
Explain the nature of Hire-purchase agreements. How does a hire purchase agreement differ from a credit sale, and a conditional sale agreement?
A Hirer-purchase contract is a contract of bailment with an option to purchase the goods. The owner of the goods will transfer possession of them for a stipulated periodic payment of rent (installments). Once the hirer pays all the rent Open …
(b) Kamau took out a life insurance policy. The proposal form contained the questions: ‘What is your profession or occupation’? ‘Do you indulge in motor or motor-cycle racing? Kamau stated truthfully ‘Company Secretary’ in answer to the first question and ‘No’ to the second. The form contained no other questions about his pursuits, and Kamau did not disclose that he was a keen mountaineer. He has been killed by a fall while climbing Mount Kenya. Can his wife succeed against the insurers who have refused to pay?
(b) An insurance contract, unlike most other contracts, requires a higher standard of good faith between the parties; and the law imposes a duty on the parties to disclose to each other matters which would influence the other whether or Open …
(a) A owes B Shs. 5,000 which he has failed to pay. B promises a rebate of Shs. 1,000, if A pays the balance at once. A pays Shs. 4,000 in full settlement and has obtained a receipt for it. Subsequently B demands the balance of Shs. 1,000. Advise A.
(a) Payment of a smaller sum in lieu of a larger sum, by the debtor, does not operate to discharge the whole debt. The only exceptions to this rule are that where the debtor pays a smaller sum at the Open …
(a) define guarantee and explain how it differs from an indemnity contracts. (b) c and d go into a shop. C says to the shopkeeper ‘let him (d) have the goods, and if he does not pay you, i will. What kind of contract is this? would it make any difference in your answer if c said to the shopkeeper ‘let him (d) have the goods, i will see you paid’.
(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 …
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 …