Illegality does not necessarily mean that a criminal offence is involved. It means that the
contract cannot be enforced by reason of being contrary to the public good or does not
promote the public good. It is contrary to public policy. A contract may be declared illegal
by an Act of parliament or court of law. An illegal contract is unenforceable.
Examples of illegal contracts:
(i) A contrast to pay wages or salary in kind is illegal by virtue of the provisions of the
Employment Act.
(ii) A contract to commit a crime tort or fraud (Bigos V. Boostead).
(iii) A contract prejudicial to public safety for example, trading with alien enemies.
(iv) A contract prejudicial to the administration of justice for example, champerty or maintenance.
(v) A contract liable to promote corruption in public (Parkinson V. College of
Ambulance and Another.)
(vi) A contract liable to promote sexual immorality. These are contracts Contra
bonosmores.
(vii) A contract liable to defraud state revenue (Miller V. Karlinski).
maurice.mutuku answered the question on May 1, 2018 at 05:55
-
Explain the contribution of the courts of law to justice and social order in a country.
(Solved)
Explain the contribution of the courts of law to justice and social order in a country.
Date posted:
April 30, 2018
.
Answers (1)
-
The constitution provides that when a bill has been passed by parliament, it shall be
presented to the president for assent. However, there are instances when...
(Solved)
The constitution provides that when a bill has been passed by parliament, it shall be
presented to the president for assent. However, there are instances when the president
declines to assent a bill.
State the procedure the bill shall go through after it has failed to receive Presidential
assent.
Date posted:
April 30, 2018
.
Answers (1)
-
Outline the extent to which common law differ from equity.
(Solved)
Outline the extent to which common law differ from equity.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the meaning of the term “statute” and highlight the advantages of statute law.
(Solved)
Explain the meaning of the term “statute” and highlight the advantages of statute law.
Date posted:
April 30, 2018
.
Answers (1)
-
Distinguish between Legal interests and equitable interests.
(Solved)
Distinguish between Legal interests and equitable interests.
Date posted:
April 30, 2018
.
Answers (1)
-
State the various ways in which a lease agreement may be determined.
(Solved)
State the various ways in which a lease agreement may be determined.
Date posted:
April 30, 2018
.
Answers (1)
-
Enumerate the characteristics of a joint tenancy.
(Solved)
Enumerate the characteristics of a joint tenancy.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).
(Solved)
Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).
Date posted:
April 30, 2018
.
Answers (1)
-
Highlight the circumstances under which a grant of representation may be revoked as
provided for under the Law of Succession Act (Cap. 160) Laws of Kenya.
(Solved)
Highlight the circumstances under which a grant of representation may be revoked as
provided for under the Law of Succession Act (Cap. 160) Laws of Kenya.
Date posted:
April 30, 2018
.
Answers (1)
-
State the formalities of a valid written will.
(Solved)
State the formalities of a valid written will.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
(Solved)
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the duties of an agent to his principal.
(Solved)
Explain the duties of an agent to his principal.
Date posted:
April 30, 2018
.
Answers (1)
-
Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement
in a daily newspaper which stated the following:
“Once in...
(Solved)
Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement
in a daily newspaper which stated the following:
“Once in a lifetime, opportunity to own a one year old Nissan Caravan, low
mileage, Kshs.500,000 cash. The offer is valid for only one day and the car will go to the
first person who accepts it.”
When Mr. B saw the advertisement, he immediately posted a letter of
acceptance of Mr. A‟s offer.
Mrs. C also saw the advertisement and came to inspect the car after which Mrs. C offered Mr.
A a cheque of Kshs. 500,000. However, Mr. A refused to accept the cheque stating that another
potential buyer had already offered to buy the car.
Later in the day Ms D, another interested buyer telephoned Mr. A informing him that she was
willing to buy the car but asked Mr. A if he would keep the offer open until she could go to
her bank to obtain a loan. Mr. A accepted the request. However later, in the day, Mr. E,
another potential buyer said that he would pay Sh. 600,000 in cash for the car. Mr. A agreed to
sell the car to Mr. E.
On Monday morning, Mr. A received Mr. B's letter of acceptance. At the same time,
Mr. E returned to complete the transaction. However, in the afternoon Mr. E telephoned Mr. A
to say that he had second thoughts and he no longer wished to purchase the car.
Citing relevant decided cases where applicable, explain the legal principles in the case in
relation to:
(a) Mr. A
(b) Mr. B
(c) Mrs.C
(d) Ms. D
(e) Mr. E
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the duties and rights of a limited partner.
(Solved)
Explain the duties and rights of a limited partner.
Date posted:
April 30, 2018
.
Answers (1)
-
Distinguish between a company limited by shares and a company limited by guarantee.
(Solved)
Distinguish between a company limited by shares and a company limited by guarantee.
Date posted:
April 30, 2018
.
Answers (1)
-
Identify the various orders or writs which the High Court may issue when exercising its
supervisory jurisdiction.
(Solved)
Identify the various orders or writs which the High Court may issue when exercising its
supervisory jurisdiction.
Date posted:
April 30, 2018
.
Answers (1)
-
Describe the limitations of common law which led to the development of the doctrines
of equity.
(Solved)
Describe the limitations of common law which led to the development of the doctrines
of equity.
Date posted:
April 30, 2018
.
Answers (1)
-
Name and briefly explain five categories of civil law.
(Solved)
Name and briefly explain five categories of civil law.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the circumstances under which an agent may be held personally liable for
contracts made on behalf of his principal.
(Solved)
Explain the circumstances under which an agent may be held personally liable for
contracts made on behalf of his principal.
Date posted:
April 30, 2018
.
Answers (1)
-
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director...
(Solved)
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director of Child Welfare Organisation had embezzled, Sh. 5 million from the organization to purchase a
private residential house for herself and family. Investigations have revealed that Mrs.
Rose Brown bought the house out of a loan of Sh. 6 million advanced to her by East
Bank and secured on the house. Mrs. Rose Brown is aggrieved and seeks your legal
advice.
Advise her.
Date posted:
April 30, 2018
.
Answers (1)