Get premium membership and access questions with answers, video lessons as well as revision papers.
(a) Duties of the banker
(i) Reasonable care: must take reasonable care in his dealings with the customer. The
standard of care is that of a reasonably competent banker.
(ii) Professional advise: a banker is bound to provide professional advise to the
customer if called upon to do so.
(iii) Honour cheques: must pay all cheques drawn by the customer provided all
other conditions are met.
(iv) Confidentiality: must not disclose his dealings with the customer to third
parties.However, there are certain exceptions to this duty.
(v) Duty not to pay without authority: a banker must not pay out monies out of
the customer's account without his express or implied authority.
(b) Duties of the customer:
(i) Duty of care: a customer is bound to exercise care when drawing cheques to
avoid alteration.
(ii) Notice of irregularities: must notify the banker of any irregularities affecting his account.
Any delay may be amount to estoppel.
maurice.mutuku answered the question on May 2, 2018 at 08:31
- Distinguish between a cheque and a bill of exchange.(Solved)
Distinguish between a cheque and a bill of exchange.
Date posted: May 2, 2018. Answers (1)
- Mpenda Raha traveled to London to watch the Golden Jubilee celebration of the
Queen's ascension to the throne. Mpenda Raha hired a room in a hotel...(Solved)
Mpenda Raha traveled to London to watch the Golden Jubilee celebration of the
Queen's ascension to the throne. Mpenda Raha hired a room in a hotel from where
he would have an advantage view of the Queen‟s procession. On the appointed day,
Mpenda Raha could not view the procession due to crowds which obstructed his view of the
Queen's procession. Mpenda Raha is seeking for refund of his money which he had paid to the hotel.
Citing relevant legal principles, explain whether Mpenda Raha will
be successful in getting a refund of the money paid to the hotel.
Date posted: May 2, 2018. Answers (1)
- Explain whether there is a binding agreement where Tom wrote to Jerry offering to sell his car to him at 500,000. Jerry accepted Tom's offer...(Solved)
Explain whether there is a binding agreement where Tom wrote to Jerry offering to sell his car to him at 500,000. Jerry accepted Tom's offer subject to the price being reduced to Sh. 450,000. It has
become apparent that Tom is not willing to sell the car for Sh. 450,000.
Jerry now writes to Tom agreeing to buy the car for Kshs. 500,000.
Date posted: May 2, 2018. Answers (1)
- Explain whether there is a binding agreement where Dick posted a letter offering to sell goods to Harman on certain terms. Upon
receipt of the letter,...(Solved)
Explain whether there is a binding agreement where Dick posted a letter offering to sell goods to Harman on certain terms. Upon
receipt of the letter, Harman posted a letter accepting the offer. However, the
letter never reached Dick.
Date posted: May 2, 2018. Answers (1)
- “For an agreement to be legally binding offer and acceptance must be
communicated”. State and briefly explain the exceptions to this rule(Solved)
“For an agreement to be legally binding offer and acceptance must be
communicated”. State and briefly explain the exceptions to this rule
Date posted: May 2, 2018. Answers (1)
- What is the significance of rule of law in a country?(Solved)
What is the significance of rule of law in a country?
Date posted: May 2, 2018. Answers (1)
- Outline the various ways in which the independence of the judiciary may be achieved
and maintained in a country.(Solved)
Outline the various ways in which the independence of the judiciary may be achieved
and maintained in a country.
Date posted: May 2, 2018. Answers (1)
- Distinguish between bilateral and unilateral discharge of contract.(Solved)
Distinguish between bilateral and unilateral discharge of contract.
Date posted: May 2, 2018. Answers (1)
- With the aid of decided cases explain the salient rules of consideration.(Solved)
With the aid of decided cases explain the salient rules of consideration.
Date posted: May 2, 2018. Answers (1)
- “The office of the chief justice is a critical office in the judiciary of a country” Discuss(Solved)
“The office of the chief justice is a critical office in the judiciary of a country” Discuss
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Private Bill"(Solved)
Write explanatory notes on "Private Bill"
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Public Bill"(Solved)
Write explanatory notes on "Public Bill"
Date posted: May 2, 2018. Answers (1)
- Write short notes on "Private members bill"(Solved)
Write short notes on "Private members bill"
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Government Bill"(Solved)
Write explanatory notes on "Government Bill"
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Option"(Solved)
Write explanatory notes on "Option"
Date posted: May 2, 2018. Answers (1)
- “A belated notice of an exemption clause has not legal effect on a contract” Discuss.(Solved)
“A belated notice of an exemption clause has not legal effect on a contract” Discuss.
Date posted: May 2, 2018. Answers (1)
- How are the rights of the parties adjusted following frustration of their contract?(Solved)
How are the rights of the parties adjusted following frustration of their contract?
Date posted: May 2, 2018. Answers (1)
- How may a contract be discharged by frustration?(Solved)
How may a contract be discharged by frustration?
Date posted: May 2, 2018. Answers (1)
- How may a contract be discharged by Breach?(Solved)
How may a contract be discharged by Breach?
Date posted: May 1, 2018. Answers (1)
- A builds a factory for the manufacture of chemical called synoyd. After the factory is
completed and becomes operation, it turns out that it emits a...(Solved)
A builds a factory for the manufacture of chemical called synoyd. After the factory is
completed and becomes operation, it turns out that it emits a lot of fumes which in
themselves are a nuisance to A's neighbours. What is worse, it has also
transpired that when it rains, the fumes after mixing with the rain-water produce a
substance that is destroying fish in the nearby lake. As neighbours are unhappy and wish
to sue him.
Advise them.
Date posted: May 1, 2018. Answers (1)