Get premium membership and access questions with answers, video lessons as well as revision papers.
This problem is based on the fiduciary obligations of an agent and the consequences of
breach thereof.
An agent is bound to act in good faith for the benefit of the principal and must avoid
conflict of interest by disclosure of any personal interest in contracts.
In this case, the agent acted contrary to the principals instructions and is guilty of breach of
the fiduciary obligations by selling the house to a relative.
Abraham is entitled to have the house back. In addition he is entitled to sue Sarah in
damages for breach of duty. Mary is entitled to a refund of the amount paid as the sale is
fraudulent as she is deemed aware of the reserved price.
maurice.mutuku answered the question on April 30, 2018 at 06:21
- Explain the circumstances under which an agent may be held personally liable for
contracts made on behalf of his principal.(Solved)
Explain the circumstances under which an agent may be held personally liable for
contracts made on behalf of his principal.
Date posted: April 30, 2018. Answers (1)
- Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director...(Solved)
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director of Child Welfare Organisation had embezzled, Sh. 5 million from the organization to purchase a
private residential house for herself and family. Investigations have revealed that Mrs.
Rose Brown bought the house out of a loan of Sh. 6 million advanced to her by East
Bank and secured on the house. Mrs. Rose Brown is aggrieved and seeks your legal
advice.
Advise her.
Date posted: April 30, 2018. Answers (1)
- Explain the essential elements of negligence.(Solved)
Explain the essential elements of negligence.
Date posted: April 30, 2018. Answers (1)
- State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.(Solved)
State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.
Date posted: April 30, 2018. Answers (1)
- Highlight the reasons that may cause a legacy to fail.(Solved)
Highlight the reasons that may cause a legacy to fail.
Date posted: April 30, 2018. Answers (1)
- Explain the duties of a personal representative.(Solved)
Explain the duties of a personal representative.
Date posted: April 30, 2018. Answers (1)
- Roy Simiyu, a successful businessman would like to obtain some funds for expansion
of his business premises through a mortgage facility.
Roy Simiyu would like to know...(Solved)
Roy Simiyu, a successful businessman would like to obtain some funds for expansion
of his business premises through a mortgage facility.
Roy Simiyu would like to know what options would be available to the bank with
regard to the proposed security in the event of his business failing and his being unable
to repay the loan.
Describe the options available to the bank.
Date posted: April 28, 2018. Answers (1)
- Inventive Mind Co. Ltd. has developed a new drug to be used in the treatment of
common cold. The directors wish to register the trademark for...(Solved)
Inventive Mind Co. Ltd. has developed a new drug to be used in the treatment of
common cold. The directors wish to register the trademark for their new product.
Outline the items which must be contained in the application form for registration in
order for the trademark to be registered.
Date posted: April 28, 2018. Answers (1)
- Explain the meaning of the term “Co-ownership” and state the ways in which co-ownership may be terminated.(Solved)
Explain the meaning of the term “Co-ownership” and state the ways in which co-ownership may be terminated.
Date posted: April 28, 2018. Answers (1)
- S. a former student at Masaku High School owes the school Sh. 50,000 as fees inarrears. Mr. P. the principal of the school wrote a...(Solved)
S. a former student at Masaku High School owes the school Sh. 50,000 as fees in
arrears. Mr. P. the principal of the school wrote a demand letter to F. S's father
threatening to sue S if the school fees in arrears was not cleared within seven days. F
approached P and offered to make payment by delivering 30 bags of maize valued at Sh.
30,000. On condition that it would be full and final payment of the debt owed to the
school.
Mr. P accepted the offer and the maize was delivered to the school. Two years later, S
was employed and Mr. P now intends to sue him for the fee balance.
Discuss the legal position of S.
Date posted: April 28, 2018. Answers (1)
- Explain the meaning of the term “privity of contract” and outline the exceptions to that
rule.(Solved)
Explain the meaning of the term “privity of contract” and outline the exceptions to that
rule.
Date posted: April 28, 2018. Answers (1)
- What is the difference between a condition and a warranty?(Solved)
What is the difference between a condition and a warranty?
Date posted: April 28, 2018. Answers (1)
- Describe the remedies available to the buyer for breach of a contract for the sale of
goods.(Solved)
Describe the remedies available to the buyer for breach of a contract for the sale of
goods.
Date posted: April 28, 2018. Answers (1)
- Highlight the essentials of a contract for the sale of goods.(Solved)
Highlight the essentials of a contract for the sale of goods.
Date posted: April 28, 2018. Answers (1)
- Explain the advantages of a private company over a public company.(Solved)
Explain the advantages of a private company over a public company.
Date posted: April 28, 2018. Answers (1)
- Describe the ways in which a corporation may be established.(Solved)
Describe the ways in which a corporation may be established.
Date posted: April 28, 2018. Answers (1)
- Define the term “delegated legislation” and discuss its advantages and disadvantages.(Solved)
Define the term “delegated legislation” and discuss its advantages and disadvantages.
Date posted: April 28, 2018. Answers (1)
- Explain the requirements which local customs should fulfill in order to gain registration
and enforcement by the courts.(Solved)
Explain the requirements which local customs should fulfill in order to gain registration
and enforcement by the courts.
Date posted: April 28, 2018. Answers (1)
- What are the advantages and disadvantages of judicial precedent?(Solved)
What are the advantages and disadvantages of judicial precedent?
Date posted: April 28, 2018. Answers (1)
- Ratification where the principal adopts an unauthorized act of his agent as his own.
What are the conditions which must be fulfilled for ratification to be...(Solved)
Ratification where the principal adopts an unauthorized act of his agent as his own.
What are the conditions which must be fulfilled for ratification to be effective?
Date posted: April 28, 2018. Answers (1)