Statute law is law made by parliament directly.
(i) It creates new law where none existed or amends existing law.
(ii) It creates rules to regulate future conduct.
(iii) It is formal and supreme over unwritten law.
Judicial precedent or stare decisis or caselaw is a system of administration of justice whereby previous decisions are relied upon in subsequent similar cases.
(i) The ratio decidendi of an earlier decision is relied upon in a subsequent similar case.
(ii) It does not always create new law.
(iii) It is based on reasoning and is unwritten.
(iv) It is subordinate to statute law.
maurice.mutuku answered the question on April 28, 2018 at 08:54
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Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed
that Mary would deliver the clothes to Kate's...
(Solved)
Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed
that Mary would deliver the clothes to Kate's house upon repair. However,
Mary did not take the clothes back as agreed and in the process they were stolen when a burglar
broke into Mary's premises. With reference to the above facts, highlight Mary's
liability, if any.
Date posted:
April 28, 2018
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Answers (1)
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Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother...
(Solved)
Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother in hospital.
Date posted:
April 28, 2018
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Answers (1)
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Explain the validity of a contract of apprenticeship entered into by Rita, aged 16 years as a hairdresser with Esther.
(Solved)
Explain the validity of a contract of apprenticeship entered into by Rita, aged 16 years as a hairdresser with Esther.
Date posted:
April 28, 2018
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Answers (1)
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Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded
from the tanker, Mwanzia who was standing nearby lit a cigarette. Unfortunately...
(Solved)
Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded
from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the
petrol caught fire and burnt the whole station and injured several people.
Mpole the proprietor of the petrol station seeks your advice on whom he can sue.
Advise Mpole.
Date posted:
April 27, 2018
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Answers (1)
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Explain the legal consequences of non-registration of a hire-purchase agreement.
(Solved)
Explain the legal consequences of non-registration of a hire-purchase agreement.
Date posted:
April 27, 2018
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Answers (1)
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Explain the establishment and jurisdiction of the Rent Tribunal.
(Solved)
Explain the establishment and jurisdiction of the Rent Tribunal.
Date posted:
April 27, 2018
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Answers (1)
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Outline the ways in which a bill of exchange may be discharged.
(Solved)
Outline the ways in which a bill of exchange may be discharged.
Date posted:
April 27, 2018
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Answers (1)
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Explain four categories of unascertained goods.
(Solved)
Explain four categories of unascertained goods.
Date posted:
April 27, 2018
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Answers (1)
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Highlight the establishment and jurisdiction of the Court martial.
(Solved)
Highlight the establishment and jurisdiction of the Court martial.
Date posted:
April 27, 2018
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Answers (1)
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Explain the four essential aspects of the defence of fair comment in an action for
defamation.
(Solved)
Explain the four essential aspects of the defence of fair comment in an action for
defamation.
Date posted:
April 26, 2018
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Answers (1)
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Law is described as a body of rules for guidance of human conduct which is imposed
upon and enforced among the citizens of the state. Discuss
(Solved)
Law is described as a body of rules for guidance of human conduct which is imposed
upon and enforced among the citizens of the state. Discuss
Date posted:
April 26, 2018
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Answers (1)
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Alex is a customer at Pesa Bank. Three days ago, he visited the bank and complained
that he had noticed from his bank statement that three...
(Solved)
Alex is a customer at Pesa Bank. Three days ago, he visited the bank and complained
that he had noticed from his bank statement that three unauthorized withdrawals had
been made and his account debited. Investigations reveal that the withdrawals were
made by Charles. Alex's office messenger who stole Alex's cheque book
made out the payments and subsequently forged Alex's signature.
Explain the legal position of Pesa Bank.
Date posted:
April 26, 2018
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Answers (1)
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Janet and Mary entered into a contract in which Janet was to sell a car to Mary, for Sh.
250,000. Unknown to the parties, the car...
(Solved)
Janet and Mary entered into a contract in which Janet was to sell a car to Mary, for Sh.
250,000. Unknown to the parties, the car which had been parked at John‟s garage
had been burnt down that morning following a fire outbreak at the garage. Mary had paid
Janet Sh. 100,000 as deposit. She now intends to sue Janet for breach of contract.
Advise Janet.
Date posted:
April 26, 2018
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Answers (1)
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Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to
Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to...
(Solved)
Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to
Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to give him Sh.
10,000 which she did. Jackson then introduced Jacinta to Tajiri and Tajiri promised to
marry Jacinta in case his wife who was by then very ill in hospital passed away.
However, Tajiri's wife Juliana underwent a successful surgery and fully
recovered from the illness. Tajiri has now refused to marry Jacinta.
Jacinta is aggrieved and wishes to sue Jackson and Tajiri.
Advise her
Date posted:
April 26, 2018
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Answers (1)
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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
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Answers (1)
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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
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Answers (1)
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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
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Answers (1)
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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
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Answers (1)
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Explain the ways in which a Partnership may be dissolved without a court order.
(Solved)
Explain the ways in which a Partnership may be dissolved without a court order.
Date posted:
April 25, 2018
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Answers (1)
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Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase...
(Solved)
Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo
Rahisi Ltd., a hire purchase firm last year.
The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000
and the balance was payable by monthly instalments of Sh. 5,000. After paying
instalments for six months, he defaulted. Malipo Rahisi ltd. Promptly repossessed the
goods.
Discuss the legal position.
Date posted:
April 24, 2018
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Answers (1)