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A agreed with B that B would buy from him ten tones of sugar. The sugar was described to be stored in a go down in...

      

A agreed with B that B would buy from him ten tones of sugar. The sugar was described
to be stored in a go down in Nyeri. Subsequent to the agreement, the following facts
have come to light:
(i) That when the agreement was being concluded, B held a gun in his hands and
A could see the gun.

(ii) That the goods were destroyed by fire a day after the contract was concluded.

(iii) That B was infact a minor.

Discuss the legal position.

  

Answers


Maurice
(i) This contract is voidable at as option for being vitiated by duress. The gun was intended
to threaten A. A can therefore escape liability by establishing the circumstances in which
the agreement was entered into.

(ii) This contract is frustrated thereby discharging A and B as none is to blame for the
destruction. This position if consistent with the decision in Taylor V. Caldwell. Any
amount paid by B is recoverable. Otherwise nothing is payable.

(iii) This contract is void and therefore unenforceable by A or B as B had no capacity to
enter into such a contract.
maurice.mutuku answered the question on May 1, 2018 at 12:45


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