Get premium membership and access questions with answers, video lessons as well as revision papers.
- The common law rule of nemo dat quod non nabet, literally means one cannot give what he
has not.
- It means that a seller of goods cannot give the buyer thereof a better title than he himself
has in the goods.
- This rule was developed by the common law to protect the interests of the true owners of
goods.
- The rule is now embodies in section 23 (1) of the Sale of Goods Act Cap 31, which provide "inter alia"
“….where goods are sold by a person who is not the owner thereof and who does not sell
them under the authority or with consent of the owner, the buyer acquires no better title
than the seller had……..”
- This rule is best illustrated by the decision in Cundy V. Lindsay and Company Ltd. Where a
person who had acquired goods fraudulently purported to sell them to appellant. It was held
that the apparent had no title in the goods as the fraudulent person had non to pass to him.
raphael answered the question on April 16, 2018 at 17:23
- Discuss the various equitable remedies which may be available to an injured party who
is suing for breach of contract.(Solved)
Discuss the various equitable remedies which may be available to an injured party who
is suing for breach of contract.
Date posted: April 16, 2018. Answers (1)
- Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price....(Solved)
Kamau advertised the sale of his farm. He was approached by Keter who wanted to buy the farm. In the course of negotiating the price. Keter asked Kamau how many sheep could be reared on the farm and Kamau replied, “I have not used the farm for sheep rearing but I think it could support 2000 sheep.”
Keter bought the farm and immediately purchased 2000 sheep to rear on it. However, the firm is unable to accommodate the 2000 sheep and Keter is aggrieved and intends to sue Kamau for misrepresentation.
Advise Kamau.
Date posted: April 16, 2018. Answers (1)
- When parties enter into a contract it is virtually impossible for them to include express
terms to cover every eventuality. Explain the circumstances under which:
(i) The...(Solved)
When parties enter into a contract it is virtually impossible for them to include express
terms to cover every eventuality. Explain the circumstances under which:
(i) The courts
(ii) The statutes
Will imply terms into the contract.
Date posted: April 16, 2018. Answers (1)
- You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will...(Solved)
You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will omit from the partnership deed on the basis that they are implied by the Partnership Act (Cap 29) Laws of Kenya.
Date posted: April 15, 2018. Answers (1)
- Describe the advantages of carrying on business as a partnership as opposed to a limited
liability company.(Solved)
Describe the advantages of carrying on business as a partnership as opposed to a limited
liability company.
Date posted: April 15, 2018. Answers (1)
- State four acts of commission that may constitute professional misconduct under the
Accountants Act (Cap 531) Laws of Kenya.(Solved)
State four acts of commission that may constitute professional misconduct under the
Accountants Act (Cap 531) Laws of Kenya.
Date posted: April 15, 2018. Answers (1)
- Explain the nature and advantages of commercial arbitration as a means of settling disputes.(Solved)
Explain the nature and advantages of commercial arbitration as a means of settling disputes.
Date posted: April 15, 2018. Answers (1)
- Explain each of the following rules of Statutory Interpretation;
(i) Noscitur a sociis;
(ii) Ejusdem generic;
(iii) Mischief rule.(Solved)
Explain each of the following rules of Statutory Interpretation;
(i) Noscitur a sociis;
(ii) Ejusdem generic;
(iii) Mischief rule.
Date posted: April 15, 2018. Answers (1)
- Define Statute law and discuss its advantages(Solved)
Define Statute law and discuss its advantages.
Date posted: April 15, 2018. Answers (1)
- Explain the rules that govern the measure of damages in the law of contract.(Solved)
Explain the rules that govern the measure of damages in the law of contract.
Date posted: December 30, 2016. Answers (1)