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Contract Ii Question Paper
Contract Ii
Course:Canon Law
Institution: Catholic University Of Eastern Africa question papers
Exam Year:2010
Q1. In June 2009 in Laikipia District, Mr. Bongo sold to Mama Chaku ten acres of his agricultural land at a purchase price of Ksh. 10,000,000. The Necessary consent for transfer of the land control board was obtained. Mr. Bongo refused to sign transfer of ownership forms in favor of Mama Chaku, because he had an offer of Ksh 15,000,000 from Mr. Tafunio for the same piece of land.
During the pendency of the land purchase transaction Mr. Bongo became mentally ill. The doctor advised family members of Mr. Bongo, that his mental disorder was incurable.
Mama Chaku intends to enforce in court the land purchase transaction.
Prepare a reasoned legal opinion for Mama Chaku’s consideration taking into account the rules that govern the giant and refusal of the appropriate remedies. (30 marks)
Q2. With the aid of decided cases explain the meaning of undue influence (20 marks)
Q3. Distinguish between fraudulent and negligent misrepresentation. Cite relevant decided cases. (20 marks)
Q4. Explain the meaning of the following terms by reference to decided cases:
a) Mandatory injunction (10 marks)
b) Interlocutory injunction (10 marks)
Q5. Mr. Mkurugenzi was declared redundant by Tajiri & Co. Ltd, his employer in August 2009, following a merger of Tajiri & Co. Ltd and Manzi Co. Ltd. The merger was brought about by worsening economic conditions. He had served for 3 years and 2 years were remaining for his contract to expire, when his services were terminated. Mr. Mkurugenzi was offered Ksh. 4,000,000 for loss of his employment and other benefits. Mr. Mkurugenzi refused the offer as too little, since he was earning Ksh. 400,000 per month. He demanded to be fully paid his salary for the remaining 2 year of his contract of service. Mr. Mkurugenzi intends to file an action in court to enforce his continued contract of service with Tajiri & Co. Ltd. In the alternative he intends to request the court to increase his termination benefits to Ksh. 9,600,000 from the original offer of ksh. 4,000,000.
Prepare a reasoned legal opinion for Mr. Mkurugenzi consideration. (20 marks)
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