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January 20, 2023 at 3:19 pm

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Outline the ways in which a contract may be discharged. Illustrate each mode of discharge by decided cases or examples.
A enters into a contract with B for buying B’s motor car as agent of C with- , out C’s authority B repudiates the contract before C comes to know of it. C subsequently ratifies the contract and sues to enforce it. Is there a binding contract?
What is meant by agency by ratification? State the conditions that must be fulfilled before that doctrine can apply to an act of agent.
H’s wife over a period of some months obtained money from H’s bank by forging his signature on cheques which she drew in favor of herself When H discovered the fraud he informed the bank The bank refused to credit his account for the amount wrongly debited against him on the ground that the forged signature appeared quite genuine. Discuss bank ‘s liability.
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Is there a contract in the following cases? Give detailed reasons
In what circumstances does a tort differ from a contract and from a crime? Give an instance of a transaction which is at the same time a tort, a crime, and a breach of contract.
The structure of Kenyan Courts: Summary notes
What is tort? Is privity necessary to support an action in tort?
Write notes on any three of the following
Examine the concept of ‘legal personality’ and describe the various kinds of corporations, giving examples of each.
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.
Explain the nature of Hire-purchase agreements. How does a hire purchase agreement differ from a credit sale, and a conditional sale agreement?
(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?
(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) 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’.
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.
Examine difference between nationality and domicile and describe briefly the ways in which Kenya nationality may be acquired.
Explain the nature of judicial precedent. To what extent are precedents absolutely binding?
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

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