Get premium membership and access questions with answers, video lessons as well as revision papers.
Illegality does not necessarily mean that a criminal offence is involved. It means that the
contract cannot be enforced by reason of being contrary to the public good or does not
promote the public good. It is contrary to public policy. A contract may be declared illegal
by an Act of parliament or court of law. An illegal contract is unenforceable.
Examples of illegal contracts:
(i) A contrast to pay wages or salary in kind is illegal by virtue of the provisions of the
Employment Act.
(ii) A contract to commit a crime tort or fraud (Bigos V. Boostead).
(iii) A contract prejudicial to public safety for example, trading with alien enemies.
(iv) A contract prejudicial to the administration of justice for example, champerty or maintenance.
(v) A contract liable to promote corruption in public (Parkinson V. College of
Ambulance and Another.)
(vi) A contract liable to promote sexual immorality. These are contracts Contra
bonosmores.
(vii) A contract liable to defraud state revenue (Miller V. Karlinski).
maurice.mutuku answered the question on May 1, 2018 at 05:55
- When parties enter into a contract, the law provides that where a written contract does
not accurately express the intention of the parties, the court may...(Solved)
When parties enter into a contract, the law provides that where a written contract does
not accurately express the intention of the parties, the court may rectify the contract to
make it express the true intentions.
State the facts that a party seeking rectification must prove before the court can rectify
the contract.
Date posted: May 1, 2018. Answers (1)
- Tamu Limau is a senior partner in a real estate business. He would like to know whether
to continue the business as a partnership or convert...(Solved)
Tamu Limau is a senior partner in a real estate business. He would like to know whether
to continue the business as a partnership or convert it into a private limited company.
Advise him on the advantages of a private limited company.
Date posted: April 30, 2018. Answers (1)
- Explain the contribution of the courts of law to justice and social order in a country.(Solved)
Explain the contribution of the courts of law to justice and social order in a country.
Date posted: April 30, 2018. Answers (1)
- Settling disputes through the courts can be slow and expensive.
State and explain other forms of dispute resolution other than the courts of law.(Solved)
Settling disputes through the courts can be slow and expensive.
State and explain other forms of dispute resolution other than the courts of law.
Date posted: April 30, 2018. Answers (1)
- The constitution provides that when a bill has been passed by parliament, it shall be
presented to the president for assent. However, there are instances when...(Solved)
The constitution provides that when a bill has been passed by parliament, it shall be
presented to the president for assent. However, there are instances when the president
declines to assent a bill.
State the procedure the bill shall go through after it has failed to receive Presidential
assent.
Date posted: April 30, 2018. Answers (1)
- Outline the extent to which common law differ from equity.(Solved)
Outline the extent to which common law differ from equity.
Date posted: April 30, 2018. Answers (1)
- Explain the meaning of the term “statute” and highlight the advantages of statute law.(Solved)
Explain the meaning of the term “statute” and highlight the advantages of statute law.
Date posted: April 30, 2018. Answers (1)
- Distinguish between Legal interests and equitable interests.(Solved)
Distinguish between Legal interests and equitable interests.
Date posted: April 30, 2018. Answers (1)
- 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)