This problem is based on frustration of contract.
It is apparent that the destruction of the car by fire frustrated the contract between Mary
and Janet and thereby discharged the parties as neither of them was blameworthy. However,
the deposit of Kshs. 100,000 paid by Mary is recoverable.
My advise to Janet is that there is no cause of alarm as there is no breach of contract.
However, Mary is entitled to the Kshs. 100,000 deposit.
Janet must refund the same.
My advise is based on the provisions of the Law Reform (frustrated contracts) Act 1943
which deal with the adjustment of rights of parties when a contract is frustrated.
Under the Act, when a contract is frustrated any money paid is recoverable.
maurice.mutuku answered the question on April 26, 2018 at 06:43
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Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to
Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to...
(Solved)
Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to
Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to give him Sh.
10,000 which she did. Jackson then introduced Jacinta to Tajiri and Tajiri promised to
marry Jacinta in case his wife who was by then very ill in hospital passed away.
However, Tajiri's wife Juliana underwent a successful surgery and fully
recovered from the illness. Tajiri has now refused to marry Jacinta.
Jacinta is aggrieved and wishes to sue Jackson and Tajiri.
Advise her
Date posted:
April 26, 2018
.
Answers (1)
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Raju appointed Kariuki to transport fresh fish from Mombasa to Nairobi. As Kariuki
was preparing to leave Mombasa for Nairobi, it rained heavily and the Thange...
(Solved)
Raju appointed Kariuki to transport fresh fish from Mombasa to Nairobi. As Kariuki
was preparing to leave Mombasa for Nairobi, it rained heavily and the Thange River
Bridge was swept off. As a result, Kariuki chartered a flight to Nairobi to deliver the
fish as he feared the fish would go bad and he was unable to immediately contact Raju.
However, upon arrival in Nairobi and delivery of fish, Raju refused to reimburse
Kariuki charges for the flight.
Kariuki intents to sue Raju.
Advice him.
Date posted:
April 26, 2018
.
Answers (1)
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In relation to the Law of Agency, explain circumstances under which an agent may
be held personally liable to third parties.
(Solved)
In relation to the Law of Agency, explain circumstances under which an agent may
be held personally liable to third parties.
Date posted:
April 26, 2018
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Answers (1)
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Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods
were displayed in three different lots. However, Ndolo bid for the goods under a
mistaken...
(Solved)
Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods
were displayed in three different lots. However, Ndolo bid for the goods under a
mistaken belief that he was bidding for all the goods. Eventually when he went to
collect the goods, he found only one lot reserved for him. Ndolo is aggrieved and seeks
your legal advice.
Advise him.
Date posted:
April 26, 2018
.
Answers (1)
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Outline the circumstances under which the unpaid seller may exercise his right
of lien.
(Solved)
Outline the circumstances under which the unpaid seller may exercise his right
of lien.
Date posted:
April 26, 2018
.
Answers (1)
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Explain four rules that govern delivery of goods.
(Solved)
Explain four rules that govern delivery of goods.
Date posted:
April 26, 2018
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Answers (1)
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Outline two types of classification of law
(Solved)
Outline two types of classification of law
Date posted:
April 25, 2018
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Answers (1)
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State and explain four reasons for delegated legislation.
(Solved)
State and explain four reasons for delegated legislation.
Date posted:
April 25, 2018
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Answers (1)
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Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods
to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua
dismissed...
(Solved)
Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods
to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua
dismissed Emmah but did not inform Mrs. Cool of Emmah‟s dismissal.
After her dismissal, Emmah collected Sh. 50,000 from Mrs. Cool on behalf of Mrs.
Mutua. Mrs. Mutua has demanded the Sh. 50,000 from Mrs Cool who has refused to pay as she had
already paid Emmah. Mrs Mutua intends to sue Mrs Cool.
Advise Mrs. Mutua.
Date posted:
April 25, 2018
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Answers (1)
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What are the circumstances under which a principal may be estopped from revoking an
agent's authority?
(Solved)
What are the circumstances under which a principal may be estopped from revoking an
agent's authority?
Date posted:
April 25, 2018
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Answers (1)
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State and explain the duties of a bailee in a bailment contract
(Solved)
State and explain the duties of a bailee in a bailment contract.
Date posted:
April 25, 2018
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Answers (1)
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Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa”
take effect?
(Solved)
Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa”
take effect?
Date posted:
April 25, 2018
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Answers (1)
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Describe the ways in which a valid written will may be revoked.
(Solved)
Describe the ways in which a valid written will may be revoked.
Date posted:
April 25, 2018
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Answers (1)
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Explain the defences available to a person sued in an action brought against
him under this rule.
(Solved)
Explain the defences available to a person sued in an action brought against
him under this rule.
Date posted:
April 25, 2018
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Answers (1)
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Jambazi sneaked into Cassman Green?s compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park,...
(Solved)
Jambazi sneaked into Cassman Green's compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park, he fell into a pit which Green had dug to construct a water reservoir. As a result
Jambazi was seriously injured.
Jambazi now seeks your legal advice as to whether he can successfully sue Green.
State the legal principles applicable to the above facts and advise Jambazi.
Date posted:
April 25, 2018
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Answers (1)
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Explain the legal principle in the Rule in Rylands Vs. Fletcher
(Solved)
Explain the legal principle in the Rule in Rylands Vs. Fletcher.
Date posted:
April 25, 2018
.
Answers (1)
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Karanja has been a tenant in Wamalwa?s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa...
(Solved)
Karanja has been a tenant in Wamalwa‟s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa is aggrieved as
Karanja has broken all the doors in the house following several fights with his wife.
Wamalwa now seeks your advice on the various ways in which he may terminate the
lease agreement and lawfully evict
Karanja.
Advise Wamalwa.
Date posted:
April 25, 2018
.
Answers (1)
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Explain the main characteristics of easements.
(Solved)
Explain the main characteristics of easements.
Date posted:
April 25, 2018
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Answers (1)
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Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most...
(Solved)
Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in
the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole
Ndume who did not know of the reward volunteered information to Inspector Sniff
and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole
Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt
of the reward. He seeks your legal advice on whether he can successfully claim the
reward.
Advice Ole Ndume.
Date posted:
April 25, 2018
.
Answers (1)
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What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.
(Solved)
What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.
Date posted:
April 25, 2018
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Answers (1)