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- This problem is based on exemption clauses as well as the conditions implied in sale of
good contracts.
- In this case, Wheeler Dealer agreed to sell a second hand car to Simiyu at a particular price
but at the same time disclaimed liability for the defective brakes and other defects. Simiyu
bought the car but did not subject it to any examination and hence the accident.
- It is apparent that Simiyu acquired the car on “as is where is” basis (caveat emptor)
and cannot therefore sue Wheeler-Dealer.
- My advise to Simiyu is that he has no action against Wheeler-Dealer as they had disclaimed
liability and most important this was a second hand car which means that there was no
implied condition that the same shall be of merchantable quality.
My advise is based on the general law of contract and the provision of the Sale of Goods Act.
raphael answered the question on April 18, 2018 at 16:05
- Mike is offered and accepts a post of an accountant to start work in three weeks. A week later he receives a letter from his...(Solved)
Mike is offered and accepts a post of an accountant to start work in three weeks. A week later he receives a letter from his prospective employer stating that his services will not be required.
Advise Mike.
Date posted: April 18, 2018. Answers (1)
- The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed...(Solved)
The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed as of right whilst other remedies will depend upon the exercise of discretion by the court.
Discuss this statement.
Date posted: April 18, 2018. Answers (1)
- Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of...(Solved)
Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of such clauses.
Date posted: April 18, 2018. Answers (1)
- Sauti Cleaners Ltd. offered to clean two garments for the price of one. A notice was
displayed in the shop to this effect but with the...(Solved)
Sauti Cleaners Ltd. offered to clean two garments for the price of one. A notice was
displayed in the shop to this effect but with the addition in smaller print of a statement
that he customer must agree in return to accept full responsibility if anything should
happen to the garments.
A similar statement was printed on the back of the tickets which were handed to
customers when they disposed the garments. Nabayi bought two garments fro cleaning.
Because of poor eye sight. She was unable to read the small print on the notice and she
put the ticket in her pocket without reading.
Some days later when Nabayi went to collect the garments, she saw that one garment
had been badly torn. After wearing the other garment, she contracted a skin disease
caused by a chemical which the cleaners had used.
Advise Nabayi.
Date posted: April 18, 2018. Answers (1)
- A partner has a right to seek for the dissolution of a partnership. Explain the circumstances under which the court will generally order the dissolution...(Solved)
A partner has a right to seek for the dissolution of a partnership. Explain the circumstances under which the court will generally order the dissolution of a partnership.
Date posted: April 18, 2018. Answers (1)
- A partnership is basically a matter of agreement between the parties or partners in the
business. Section 24 of the Partnership Act sets out rules which...(Solved)
A partnership is basically a matter of agreement between the parties or partners in the
business. Section 24 of the Partnership Act sets out rules which apply in the absence of
express o implied agreement to the contrary. Outline five of these rules.
Date posted: April 18, 2018. Answers (1)
- Explain the conditions that have to be satisfied by an applicant before an adoption
order can be granted by the court.(Solved)
Explain the conditions that have to be satisfied by an applicant before an adoption
order can be granted by the court.
Date posted: April 17, 2018. Answers (1)
- Explain three characteristics of a public company(Solved)
Explain three characteristics of a public company.
Date posted: April 17, 2018. Answers (1)
- Custom is the oldest source of law. Explain the criteria which must be satisfied before a custom can be applicable as law.(Solved)
Custom is the oldest source of law. Explain the criteria which must be satisfied before a custom can be applicable as law.
Date posted: April 17, 2018. Answers (1)
- Explain five advantages of arbitration as a form of settling disputes.(Solved)
Explain five advantages of arbitration as a form of settling disputes.
Date posted: April 17, 2018. Answers (1)
- Explain the key distinctions between common law and equity(Solved)
Explain the key distinctions between common law and equity.
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
and Simiyu sues him for the return of the goods. (i) Explain under what law the action by the police will be based. (ii) In this action by the police, state what Mwangi will be called. (iii) Under what law would the action brought by Simiyu be and what would Simiyu be called?
Date posted: April 17, 2018. Answers (1)
- Explain the difference between codification and consolidation of law and give examples of each.(Solved)
Explain the difference between codification and consolidation of law and give examples of each.
Date posted: April 17, 2018. Answers (1)
- 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...(Solved)
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)
- Briefly state the various kinds of crossing on a cheque.(Solved)
Briefly state the various kinds of crossing on a cheque.
Date posted: April 17, 2018. Answers (1)
- “A contract of insurance is a contract of “Uberrimae fidei (utmost good faith)”. Explain this statement.(Solved)
“A contract of insurance is a contract of “Uberrimae fidei (utmost good faith)”. Explain
this statement.
Date posted: April 17, 2018. Answers (1)
- What liability is imposed on the seller of goods as regards their merchantable quality and
their fitness for the purpose of those goods?(Solved)
What liability is imposed on the seller of goods as regards their merchantable quality and
their fitness for the purpose of those goods?
Date posted: April 17, 2018. Answers (1)
- In relation to the Law of Succession, what are the duties of a personal representative?(Solved)
In relation to the Law of Succession, what are the duties of a personal representative?
Date posted: April 17, 2018. Answers (1)
- 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....(Solved)
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)
- “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...(Solved)
“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)