Get premium membership and access questions with answers, video lessons as well as revision papers.
Common mistake is said to exist when both parties make the same mistake.
Each party knows the others intention but both are unaware of an underlying fundamental
fact.
This is a mistake as to the existence or ownership of the subject matter.
Common mistake renders a contract void in two circumstances:
(i) Cases of res extincta: these are circumstances in which the parties are unaware that
the subject matter does not exist. For example in Couturier V. Hastie. In such a
case the contract is void. Section 8 of the Sale of Goods Act embody this
mistake.
(ii) Cases of res sua: these are circumstances in which the person purporting to
buy has legal title in the subject matter. As was the case in Bingham V. Bingham.
maurice.mutuku answered the question on May 2, 2018 at 13:55
- Distinguish between principal and subsidiary sources of law.(Solved)
Distinguish between principal and subsidiary sources of law.
Date posted: May 2, 2018. Answers (1)
- What to you understand by the phrase “Source of law”?(Solved)
What to you understand by the phrase “Source of law”?
Date posted: May 2, 2018. Answers (1)
- State the circumstances in which the guarantor will be discharged.(Solved)
State the circumstances in which the guarantor will be discharged.
Date posted: May 2, 2018. Answers (1)
- Distinguish between a contract of guarantee and a contract of indemnity.(Solved)
Distinguish between a contract of guarantee and a contract of indemnity.
Date posted: May 2, 2018. Answers (1)
- Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his
secretary, to fill in a certain amount and to X?s name as payee....(Solved)
Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his
secretary, to fill in a certain amount and to X‟s name as payee. Atieno filled in a
large amount made the cheque payble to Nairobi Harambee Secondary School and gave
it to her brother to take it to the school in order to pay the outstanding school fees. The
Nairobi Harambee secondary school cashed the cheque in good faith. Onyango wants to
know his rights, if any, against the school. Advice onyango.
Date posted: May 2, 2018. Answers (1)
- Examine the circumstances in which a banker has no authority to honour a cheque drawn
on him.(Solved)
Examine the circumstances in which a banker has no authority to honour a cheque drawn
on him.
Date posted: May 2, 2018. Answers (1)
- Explain how an unpaid seller may lose the right of lien and stoppage in transitu.(Solved)
Explain how an unpaid seller may lose the right of lien and stoppage in transitu.
Date posted: May 2, 2018. Answers (1)
- Explain the advantages of administrative tribunals over courts of law.(Solved)
Explain the advantages of administrative tribunals over courts of law.
Date posted: May 2, 2018. Answers (1)
- Courts of law are not the only means by which disputes may be resolved.
Administrative tribunals have been held to be alternatives to the courts of...(Solved)
Courts of law are not the only means by which disputes may be resolved.
Administrative tribunals have been held to be alternatives to the courts of law in the
dispensation of justice.
In light of the above statement:
What do you understand by administrative tribunals?
Date posted: May 2, 2018. Answers (1)
- Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the
bus burst and Msafiri was injured. He went to hospital...(Solved)
Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the
bus burst and Msafiri was injured. He went to hospital where he was treated and
discharged. Five years later Msafiri brings action against owners of the vehicle for
recovery of damages.
Identify the tort that may have been committed and explain the possible defenses available to the defendant.
Date posted: May 2, 2018. Answers (1)
- Mrembo visited Beutex shop to buy cosmetics. Owing to the slippery nature of the
floor, she slid and broke her leg.Identify the tort that may have...(Solved)
Mrembo visited Beutex shop to buy cosmetics. Owing to the slippery nature of the
floor, she slid and broke her leg.Identify the tort that may have been committed and explain the
possible defenses available to the defendant.
Date posted: May 2, 2018. Answers (1)
- In relation to the law of tort, explain what constitutes the tort of negligence.(Solved)
In relation to the law of tort, explain what constitutes the tort of negligence.
Date posted: May 2, 2018. Answers (1)
- Mutiso owned a bakery in Kangundo Town. He sold it last year to Munyao. He agreed, as
part of the sale, not to carry on a...(Solved)
Mutiso owned a bakery in Kangundo Town. He sold it last year to Munyao. He agreed, as
part of the sale, not to carry on a bakery business for a period of 3 years within 200 miles
radius of the bakery he had sold. He has now decided to open a bakery in Machakos Town
and seeks your advice as to whether he can legally do so. What advice would you give him?
Date posted: May 2, 2018. Answers (1)
- Attempt a classification of cheques.(Solved)
Attempt a classification of cheques.
Date posted: May 2, 2018. Answers (1)
- Write brief notes on Judges.(Solved)
Write brief notes on Judges.
Date posted: May 2, 2018. Answers (1)
- Write brief notes on Judicial service commission.(Solved)
Write brief notes on Judicial service commission.
Date posted: May 2, 2018. Answers (1)
- What are the functions of law in society?(Solved)
What are the functions of law in society?
Date posted: May 2, 2018. Answers (1)
- Differentiate between National and international law.(Solved)
Differentiate between National and international law.
Date posted: May 2, 2018. Answers (1)
- Distinguish between testate and intestate succession.(Solved)
Distinguish between testate and intestate succession.
Date posted: May 2, 2018. Answers (1)
- Examine the salient obligations of the banker and customer in a banker and customer
relationship.(Solved)
Examine the salient obligations of the banker and customer in a banker and customer
relationship.
Date posted: May 2, 2018. Answers (1)