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This is the legal ability of a party to enter into a contractual relationship.
Not every person has capacity to enter into any contractual relationship.
A contract entered into by a person with no capacity to contract is unenforceable, for
example an infant has no capacity to enter into money borrowing transactions. A registered
company has no capacity to enter into transactions beyond the objects prescribed by the
memorandum of association.
A person of unsound mind has no capacity to contract.
maurice.mutuku answered the question on April 25, 2018 at 07:41
- Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.(Solved)
Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.
Date posted: April 25, 2018. Answers (1)
- Beeky and Beth entered into a partnership selling girls clothing under the registered name of Girlie Becky, without consulting Beth set up a boys clothing shop...(Solved)
Beeky and Beth entered into a partnership selling girls? clothing under the registered
name of Girlie Becky, without consulting Beth set up a boy's clothing shop under
the registered name “BOYZ Clothes” while retaining her partnership with "Girlie". This
has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky
admission to the firm;s premises and will not discuss the position with Becky.
Beth wishes to dissolve the partnership and would like Becky to account for profits she
has derived from BOYZ Cloths.”.
Advise Beth.
Date posted: April 25, 2018. Answers (1)
- State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.(Solved)
State how the equitable principle of utmost good faith is manifested in the daily
operations of a partnership.
Date posted: April 25, 2018. Answers (1)
- Explain the ways in which a Partnership may be dissolved without a court order.(Solved)
Explain the ways in which a Partnership may be dissolved without a court order.
Date posted: April 25, 2018. Answers (1)
- One of the principal duties of an agent is expressed by the maxim “delegates
non potest delegare.”
State and identify five circumstances under which this rule or...(Solved)
One of the principal duties of an agent is expressed by the maxim “delegates
non potest delegare.”
State and identify five circumstances under which this rule or maxim does not apply.
Date posted: April 24, 2018. Answers (1)
- Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase...(Solved)
Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000
and the balance was payable by monthly instalments of Sh. 5,000. After paying
instalments for six months, he defaulted. Malipo Rahisi ltd. Promptly repossessed the
goods.
Discuss the legal position.
Date posted: April 24, 2018. Answers (1)
- Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and...(Solved)
Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions
are deemed void if contained in a hire purchase agreement.
Identify and explain five such provisions.
Date posted: April 24, 2018. Answers (1)
- Name the criticisms that have been leveled against delegate legislation as a source of law.(Solved)
Name the criticisms that have been leveled against delegate legislation as a source of law.
Date posted: April 24, 2018. Answers (1)
- Define the term “statute” and outline three categories of bills that may be presented to
parliament to be enacted into law.(Solved)
Define the term “statute” and outline three categories of bills that may be presented to
parliament to be enacted into law.
Date posted: April 24, 2018. Answers (1)
- Distinguish between ratio decidendi and obiter dicta(Solved)
Distinguish between ratio decidendi and obiter dicta.
Date posted: April 24, 2018. Answers (1)
- Discuss the limitation of Islamic Law as a source of Law.(Solved)
Discuss the limitation of Islamic Law as a source of Law.
Date posted: April 24, 2018. Answers (1)
- Explain five duties of a landlord in a tenancy agreement.(Solved)
Explain five duties of a landlord in a tenancy agreement.
Date posted: April 24, 2018. Answers (1)
- Under what circumstance is a person considered a pro non grata?(Solved)
Under what circumstance is a person considered a pro non grata?
Date posted: April 23, 2018. Answers (1)
- In relation to the law governing insurance, explain five basic principles of insurance(Solved)
In relation to the law governing insurance, explain five basic principles of insurance.
Date posted: April 18, 2018. Answers (1)
- The Sale of Goods Act states that it is the duty of the seller to deliver goods and of the
buyer to accept and pay for...(Solved)
The Sale of Goods Act states that it is the duty of the seller to deliver goods and of the
buyer to accept and pay for them in accordance with the terms of the contract of sale.
(i) Explain the meaning and effect of this Act.
(ii) Describe the seller's duties in connection with delivery and indicate what constitutes acceptance by the buyer.
Date posted: April 18, 2018. Answers (1)
- Simiyu wishes to buy his son a car as a birthday present. Wheeler-Dealer offers to sell to
Simiyu a second-hand car explaining that the brakes need...(Solved)
Simiyu wishes to buy his son a car as a birthday present. Wheeler-Dealer offers to sell to
Simiyu a second-hand car explaining that the brakes need attention and that he would
reduce the price to take account of this. Wheeler-Dealer says that he will take no
responsibility for this or other defects. Simiyu accepts the offer without examining the
car. If he had done so, he would have seen that the tyres were badly worn out. Simiyu
drives away the car but because of defects it fails to negotiate a bend in the road. The
car loses control, strikes a wall and is damaged beyond repair.
Advise Simiyu of his rights, if any, against Wheeler-Dealer.
Date posted: April 18, 2018. Answers (1)
- Mike is offered and accepts a post of an accountant to start work in three weeks. A week later he receives a letter from his...(Solved)
Mike is offered and accepts a post of an accountant to start work in three weeks. A week later he receives a letter from his prospective employer stating that his services will not be required.
Advise Mike.
Date posted: April 18, 2018. Answers (1)
- The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed...(Solved)
The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed as of right whilst other remedies will depend upon the exercise of discretion by the court.
Discuss this statement.
Date posted: April 18, 2018. Answers (1)
- Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of...(Solved)
Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of such clauses.
Date posted: April 18, 2018. Answers (1)
- Sauti Cleaners Ltd. offered to clean two garments for the price of one. A notice was
displayed in the shop to this effect but with the...(Solved)
Sauti Cleaners Ltd. offered to clean two garments for the price of one. A notice was
displayed in the shop to this effect but with the addition in smaller print of a statement
that he customer must agree in return to accept full responsibility if anything should
happen to the garments.
A similar statement was printed on the back of the tickets which were handed to
customers when they disposed the garments. Nabayi bought two garments fro cleaning.
Because of poor eye sight. She was unable to read the small print on the notice and she
put the ticket in her pocket without reading.
Some days later when Nabayi went to collect the garments, she saw that one garment
had been badly torn. After wearing the other garment, she contracted a skin disease
caused by a chemical which the cleaners had used.
Advise Nabayi.
Date posted: April 18, 2018. Answers (1)