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“Statute” literally means Act of Parliament. This is law made by parliament in
exercise of the legislative power conferred upon it by the Constitution. A statute begins
as a Bill which goes through several stages to become so. Examples include Agriculture
Act, Companies Act, Judicature Act, Kadhis Court Act.
However, the term "statute" can be used to describe a category or type of
delegated legislation for example under the Universities Act, Councils of Public Universities are
empowered to make “statutes.” Statute law enjoys certain advantages. These include:
(i) Resolution of legal problems: It enables society resolve legal problems as and when they arise by enacting new statutes or amending those in existence.
(ii) Dynamism: enable society keep pace with changes in other spheres for example,
economic,political among others.
(iii) Democratic: it is made by representatives of the people and is
therefore democratic.
(iv) General application: consists of general principles applicable at different times.
(v) Uniformity: regulates the conduct and activities of all indiscriminately.
(vi) Superiority: it prevails over all other sources of law other than the Constitution.
(vii) Publicity: it is the most widely published source of law.
maurice.mutuku answered the question on April 30, 2018 at 12:03
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Date posted: April 30, 2018. Answers (1)
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State the various ways in which a lease agreement may be determined.
Date posted: April 30, 2018. Answers (1)
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Enumerate the characteristics of a joint tenancy.
Date posted: April 30, 2018. Answers (1)
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Peter Ole Yang, while driving his car down Valley View road suddenly realized the brakes
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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)
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(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)
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Highlight the circumstances under which a grant of representation may be revoked as
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Date posted: April 30, 2018. Answers (1)
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State the order of priority in which a deceased's property is distributed where he dies
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Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)
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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)
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Date posted: April 30, 2018. Answers (1)
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Date posted: April 30, 2018. Answers (1)
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Identify the various orders or writs which the High Court may issue when exercising its
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Date posted: April 30, 2018. Answers (1)
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Explain the issues contained in a judgement.(Solved)
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Date posted: April 30, 2018. Answers (1)
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Describe the principles and presumptions that the courts use in the interpretation of
statutes.
Date posted: April 30, 2018. Answers (1)
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Describe the limitations of common law which led to the development of the doctrines
of equity.
Date posted: April 30, 2018. Answers (1)
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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)