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- This problem is based on exemption or exclusion clauses contracts.
- In this case it is clear that the transaction between Sauti Cleaners Ltd and Nabayi
contained an exemption clause.
- It is also apparent that by reason of her poor eye sight Nabayi did not read the notice on the wall or on the back of the ticket given by Sauti Cleaners Ltd. and hence was not
aware of the exemption clause.
- The first question for determination is whether the exemption clause was an integral part the contract between Sauti Cleaners Ltd and Nabayi. The answer to this question is in the affirmative. It therefore follows that Nabayi is bound by the clause as thecompany had done enough to bring the same to her notice. She cannot therefore sue the company for the garments. However, she contracted a skin disease by reason of the chemical used by the cleaner.
- My advise to Nabayi is that she has no claim against the company for the garment as the
company had effectively exempted itself from liability for such damage and she was
bound by the ? exemption clause.?
- This advice is consistent with the decision in L?Estrange V. Graucob (1934).
- With regard to the skin disease my advise is that she has an action against Sauti Cleaners
Ltd in damages for the suffering. This is because chemicals used by dry cleaning companies must not be harmful to the users of clothing after cleaning.
raphael answered the question on April 18, 2018 at 12:04
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Date posted: April 18, 2018. Answers (1)
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business. Section 24 of the Partnership Act sets out rules which...(Solved)
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Date posted: April 18, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
- Mwangi has stolen some goods from Simiyu. The police prosecute Mwangi for theft
and Simiyu sues him for the return of the goods. (i) Explain under...(Solved)
Mwangi has stolen some goods from Simiyu. The police prosecute Mwangi for theft
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Mr. Karanja signed blank cheques and left them with his wife to draw cash while he was away attending to business affairs. Mrs Karanja instructed Hatari, a clerk in the firm of Karanja and Karanja Associates to fill in the cheques. Hatari filled in the amount leaving a gap after the words “Sh.” and wrote the amount in words from the middle of the line without using a capital letter. Hatari showed the cheques to Mrs Karanja written “Sh.50,000” and ………. fifty thousand only.” He was authorized to encash the cheque.
However before presenting the cheque for payment Hatari added figure “3” to the amount in figures and “three hundred” in the words. He encashed the chequed for Sh. 350,000. He then gave Mrs. Karanja Sh. 50,000 only. These facts have come to light after Hatari's resignation and Mr. Karanja intends to sue his bankers.
Advise the bank.
Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Date posted: April 17, 2018. Answers (1)
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Due to Desmond's carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick's factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production.
Advise Derrick in regard to his rights, if any, against Desmond.
Date posted: April 17, 2018. Answers (1)
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“An occupier of premises owes a duty of care towards persons who are lawfully on his premises. The Occupiers Liability Act does not affect the position of trespassers.”
In relation to the above statement, what is the extent of potential liability of an occupier and to what extent can such an occupier safeguard such liability.
Date posted: April 17, 2018. Answers (1)
- Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to...(Solved)
Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and seeks your legal advice on what options they can take to realize the security.
Advise White bank.
Date posted: April 17, 2018. Answers (1)
- In relation to the Law of Property, state five obligations of a lessor towards a lessee in a
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In relation to the Law of Property, state five obligations of a lessor towards a lessee in a
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Date posted: April 17, 2018. Answers (1)
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Annan agreed to paint Angela's house at an agreed price. When Annan had finished thework. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the doors. Annan fell ill and could not complete the work. Angela refused to pay Annan the contractual price, claiming that the contract had not been fully executed and that therefore he was entitled to be paid only a reasonable sum for the work he had actually undertaken. This, Annan
claimed, was much less than the contract price.
Advise Annan.
Date posted: April 17, 2018. Answers (1)
- How true is it to say that in order for a contract to be discharged by performance, the
performance must be precise and exact?(Solved)
How true is it to say that in order for a contract to be discharged by performance, the
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Date posted: April 17, 2018. Answers (1)