(a) Legal interest: this is a right over the land of another. For example, easement, legal mortgage.
It is an interest which is capable of subsisting or being conveyed or created at law.
It is enforceable against every one.
(b) Equitable interest: this is a right recognized by equity only and enforceable against all
others except a bona fide purchaser of a legal interest without notice of the equitable
interest, examples include restrictive covenants.
maurice.mutuku answered the question on April 30, 2018 at 11:55
- State the various ways in which a lease agreement may be determined.(Solved)
State the various ways in which a lease agreement may be determined.
Date posted: April 30, 2018. Answers (1)
- Enumerate the characteristics of a joint tenancy.(Solved)
Enumerate the characteristics of a joint tenancy.
Date posted: April 30, 2018. Answers (1)
- Peter Ole Yang, while driving his car down Valley View road suddenly realized the brakes
of the car had failed. Unable to stop the car he...(Solved)
Peter Ole Yang, while driving his car down Valley View road suddenly realized the brakes
of the car had failed. Unable to stop the car he crashed into a motor vehicle driven by
James Kagio, damaging James Kagio's motor vehicle and injuring him.
Advise Peter Ole Yang as to his civil liability.
Date posted: April 30, 2018. Answers (1)
- In relation to the law of tort, explain the following rules:
(i) Reasonable foreseeability.
(ii) Egg shell skull.(Solved)
In relation to the law of tort, explain the following rules:
(i) Reasonable foreseeability.
(ii) Egg shell skull.
Date posted: April 30, 2018. Answers (1)
- Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).(Solved)
Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).
Date posted: April 30, 2018. Answers (1)
- Highlight the circumstances under which a grant of representation may be revoked as
provided for under the Law of Succession Act (Cap. 160) Laws of Kenya.(Solved)
Highlight the circumstances under which a grant of representation may be revoked as
provided for under the Law of Succession Act (Cap. 160) Laws of Kenya.
Date posted: April 30, 2018. Answers (1)
- State the order of priority in which a deceased's property is distributed where he dies
intestate leaving no spouse or children.(Solved)
State the order of priority in which a deceased's property is distributed where he dies
intestate leaving no spouse or children.
Date posted: April 30, 2018. Answers (1)
- State the formalities of a valid written will.(Solved)
State the formalities of a valid written will.
Date posted: April 30, 2018. Answers (1)
- Explain the rights and duties of the owner of goods in a hire-purchase agreement.(Solved)
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
Date posted: April 30, 2018. Answers (1)
- Explain the duties of an agent to his principal.(Solved)
Explain the duties of an agent to his principal.
Date posted: April 30, 2018. Answers (1)
- Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement
in a daily newspaper which stated the following:
“Once in...(Solved)
Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement
in a daily newspaper which stated the following:
“Once in a lifetime, opportunity to own a one year old Nissan Caravan, low
mileage, Kshs.500,000 cash. The offer is valid for only one day and the car will go to the
first person who accepts it.”
When Mr. B saw the advertisement, he immediately posted a letter of
acceptance of Mr. A‟s offer.
Mrs. C also saw the advertisement and came to inspect the car after which Mrs. C offered Mr.
A a cheque of Kshs. 500,000. However, Mr. A refused to accept the cheque stating that another
potential buyer had already offered to buy the car.
Later in the day Ms D, another interested buyer telephoned Mr. A informing him that she was
willing to buy the car but asked Mr. A if he would keep the offer open until she could go to
her bank to obtain a loan. Mr. A accepted the request. However later, in the day, Mr. E,
another potential buyer said that he would pay Sh. 600,000 in cash for the car. Mr. A agreed to
sell the car to Mr. E.
On Monday morning, Mr. A received Mr. B's letter of acceptance. At the same time,
Mr. E returned to complete the transaction. However, in the afternoon Mr. E telephoned Mr. A
to say that he had second thoughts and he no longer wished to purchase the car.
Citing relevant decided cases where applicable, explain the legal principles in the case in
relation to:
(a) Mr. A
(b) Mr. B
(c) Mrs.C
(d) Ms. D
(e) Mr. E
Date posted: April 30, 2018. Answers (1)
- Explain the duties and rights of a limited partner.(Solved)
Explain the duties and rights of a limited partner.
Date posted: April 30, 2018. Answers (1)
- Distinguish between a company limited by shares and a company limited by guarantee.(Solved)
Distinguish between a company limited by shares and a company limited by guarantee.
Date posted: April 30, 2018. Answers (1)
- Identify the various orders or writs which the High Court may issue when exercising its
supervisory jurisdiction.(Solved)
Identify the various orders or writs which the High Court may issue when exercising its
supervisory jurisdiction.
Date posted: April 30, 2018. Answers (1)
- Under the doctrine of judicial precedent, judges are said to make law.
Explain the issues contained in a judgement.(Solved)
Under the doctrine of judicial precedent, judges are said to make law.
Explain the issues contained in a judgement.
Date posted: April 30, 2018. Answers (1)
- Describe the principles and presumptions that the courts use in the interpretation of
statutes.(Solved)
Describe the principles and presumptions that the courts use in the interpretation of
statutes.
Date posted: April 30, 2018. Answers (1)
- Describe the limitations of common law which led to the development of the doctrines
of equity.(Solved)
Describe the limitations of common law which led to the development of the doctrines
of equity.
Date posted: April 30, 2018. Answers (1)
- Name and briefly explain five categories of civil law.(Solved)
Name and briefly explain five categories of civil law.
Date posted: April 30, 2018. Answers (1)
- Abraham instructed Sarah, an auctioneer to sell his house by auction. The sale was
subject to a reserve price of Sh. 1 million. Sarah advertised the...(Solved)
Abraham instructed Sarah, an auctioneer to sell his house by auction. The sale was
subject to a reserve price of Sh. 1 million. Sarah advertised the house stating that it was
subject to a reserve price. However, she sold the house to her Sister Mary at Sh.
900,000. Abraham has refused to accept the proceeds and to transfer the house to Mary.
Mary has demanded the transfer of the house by Abraham to her.
Explain the legal position of Abraham, Sarah and Mary.
Date posted: April 30, 2018. Answers (1)
- 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)