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This problem is based on the liability of the principal in an agency of necessity.
In this case it is apparent that Kariuki was Rajus agent for the purpose of transporting the
fish to Nairobi. It is also evident that the heavy rain created an emergency and it was
impossible for him to seek instructions from Raju, he had to act in good faith as owner
thereof.
In the circumstances of the case, Kariuki became an agent of necessity and acted bona fide
to safe guard the fish. Raju is therefore bound to reimburse Kariuki the flight charges.
My advise to Kariuki is to sue Raju for the charges, as he had presumed authority to incur
the same.
My advise is based on the decision in Great Northern Railway Co V. Swaffield.?
maurice.mutuku answered the question on April 26, 2018 at 06:26
- In relation to the Law of Agency, explain circumstances under which an agent may
be held personally liable to third parties.(Solved)
In relation to the Law of Agency, explain circumstances under which an agent may
be held personally liable to third parties.
Date posted: April 26, 2018. Answers (1)
- Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods
were displayed in three different lots. However, Ndolo bid for the goods under a
mistaken...(Solved)
Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods
were displayed in three different lots. However, Ndolo bid for the goods under a
mistaken belief that he was bidding for all the goods. Eventually when he went to
collect the goods, he found only one lot reserved for him. Ndolo is aggrieved and seeks
your legal advice.
Advise him.
Date posted: April 26, 2018. Answers (1)
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Outline the circumstances under which the unpaid seller may exercise his right
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Date posted: April 26, 2018. Answers (1)
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Date posted: April 25, 2018. Answers (1)
- State and explain four reasons for delegated legislation.(Solved)
State and explain four reasons for delegated legislation.
Date posted: April 25, 2018. Answers (1)
- Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods
to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua
dismissed...(Solved)
Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods
to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua
dismissed Emmah but did not inform Mrs. Cool of Emmah‟s dismissal.
After her dismissal, Emmah collected Sh. 50,000 from Mrs. Cool on behalf of Mrs.
Mutua. Mrs. Mutua has demanded the Sh. 50,000 from Mrs Cool who has refused to pay as she had
already paid Emmah. Mrs Mutua intends to sue Mrs Cool.
Advise Mrs. Mutua.
Date posted: April 25, 2018. Answers (1)
- What are the circumstances under which a principal may be estopped from revoking an
agent's authority?(Solved)
What are the circumstances under which a principal may be estopped from revoking an
agent's authority?
Date posted: April 25, 2018. Answers (1)
- State and explain the duties of a bailee in a bailment contract(Solved)
State and explain the duties of a bailee in a bailment contract.
Date posted: April 25, 2018. Answers (1)
- Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa”
take effect?(Solved)
Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa”
take effect?
Date posted: April 25, 2018. Answers (1)
- Describe the ways in which a valid written will may be revoked.(Solved)
Describe the ways in which a valid written will may be revoked.
Date posted: April 25, 2018. Answers (1)
- Explain the defences available to a person sued in an action brought against
him under this rule.(Solved)
Explain the defences available to a person sued in an action brought against
him under this rule.
Date posted: April 25, 2018. Answers (1)
- Jambazi sneaked into Cassman Green?s compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park,...(Solved)
Jambazi sneaked into Cassman Green's compound with the intention of
breaking into his car and stealing a radio cassette. As he was walking towards the car
park, he fell into a pit which Green had dug to construct a water reservoir. As a result
Jambazi was seriously injured.
Jambazi now seeks your legal advice as to whether he can successfully sue Green.
State the legal principles applicable to the above facts and advise Jambazi.
Date posted: April 25, 2018. Answers (1)
- Explain the legal principle in the Rule in Rylands Vs. Fletcher(Solved)
Explain the legal principle in the Rule in Rylands Vs. Fletcher.
Date posted: April 25, 2018. Answers (1)
- Karanja has been a tenant in Wamalwa?s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa...(Solved)
Karanja has been a tenant in Wamalwa‟s house for the last three months. The
partieshad executed a lease for a period of one year. However, Wamalwa is aggrieved as
Karanja has broken all the doors in the house following several fights with his wife.
Wamalwa now seeks your advice on the various ways in which he may terminate the
lease agreement and lawfully evict
Karanja.
Advise Wamalwa.
Date posted: April 25, 2018. Answers (1)
- Explain the main characteristics of easements.(Solved)
Explain the main characteristics of easements.
Date posted: April 25, 2018. Answers (1)
- Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most...(Solved)
Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in
the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole
Ndume who did not know of the reward volunteered information to Inspector Sniff
and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole
Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt
of the reward. He seeks your legal advice on whether he can successfully claim the
reward.
Advice Ole Ndume.
Date posted: April 25, 2018. Answers (1)
- What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.(Solved)
What is meant by the expression “contractual capacity”? Illustrate your answer with use
of appropriate examples.
Date posted: April 25, 2018. Answers (1)
- Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.(Solved)
Certain types of mistakes in the formation of a contract may affect the validity of a
contract. Discuss this statement explaining the mistakes.
Date posted: April 25, 2018. Answers (1)
- Beeky and Beth entered into a partnership selling girls clothing under the registered name of Girlie Becky, without consulting Beth set up a boys clothing shop...(Solved)
Beeky and Beth entered into a partnership selling girls? clothing under the registered
name of Girlie Becky, without consulting Beth set up a boy's clothing shop under
the registered name “BOYZ Clothes” while retaining her partnership with "Girlie". This
has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky
admission to the firm;s premises and will not discuss the position with Becky.
Beth wishes to dissolve the partnership and would like Becky to account for profits she
has derived from BOYZ Cloths.”.
Advise Beth.
Date posted: April 25, 2018. Answers (1)