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
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Distinguish between principal and subsidiary sources of law.
(Solved)
Distinguish between principal and subsidiary sources of law.
Date posted:
May 2, 2018
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What to you understand by the phrase “Source of law”?
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May 2, 2018
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State the circumstances in which the guarantor will be discharged.
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May 2, 2018
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May 2, 2018
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Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his
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May 2, 2018
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Examine the circumstances in which a banker has no authority to honour a cheque drawn
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Examine the circumstances in which a banker has no authority to honour a cheque drawn
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May 2, 2018
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May 2, 2018
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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
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Answers (1)
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Courts of law are not the only means by which disputes may be resolved.
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(Solved)
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In light of the above statement:
What do you understand by administrative tribunals?
Date posted:
May 2, 2018
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Answers (1)
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(Solved)
In relation to the law of tort, explain what constitutes the tort of negligence.
Date posted:
May 2, 2018
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Attempt a classification of cheques.
Date posted:
May 2, 2018
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What are the functions of law in society?
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Differentiate between National and international law.
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May 2, 2018
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Distinguish between testate and intestate succession.
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Examine the salient obligations of the banker and customer in a banker and customer
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May 2, 2018
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(Solved)
Distinguish between a cheque and a bill of exchange.
Date posted:
May 2, 2018
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Mpenda Raha traveled to London to watch the Golden Jubilee celebration of the
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(Solved)
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Date posted:
May 2, 2018
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Answers (1)