Distinguish between ratio decidendi and obiter dicta ANSWER Ratio decidendi: Literally means reason for decision. This is a principle or proposition of law based on the material facts of the case. It disposes off the case before the court. It Read More …
Month: March 2025
Discuss the limitation of Islamic Law as a source of Law
Discuss the limitation of Islamic Law as a source of Law ANSWER It is recognized as a source of law of Kenya the constitution and the Kadhis Court Act. Its limitations include: It can only be relied upon in Read More …
Define the term “statute” and outline three categories of bills that may be presented to parliament to be enacted into law
Define the term “statute” and outline three categories of bills that may be presented to parliament to be enacted into law ANSWER “Statute” means an Act of Parliament or Legislation. This is law made parliament directly in exercise of Read More …
Explain five duties of a landlord in a tenancy agreement
Explain five duties of a landlord in a tenancy agreement ANSWER Duties of the Landlord Put the tenant in possession: the landlord must handover to the tenant such means as will enable him enter into occupation. Duty of repair: the Read More …
In relation to the law governing insurance, explain five basic principles of insurance.
In relation to the law governing insurance, explain five basic principles of insurance. ANSWER Principal of insurance Insurable interest: this is the financial or monetary or pecuniary interest which is at stake or danger if the subject matter is uninsured. Read More …
The Sale of Goods Act states that it is the duty of the seller to deliver goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale. (i) Explain the meaning and effect of this Act (ii) Describe the seller’s duties in connection with delivery and indicate what constitutes acceptance the buyer
The Sale of Goods Act states that it is the duty of the seller to deliver goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale. (i) Explain the Read More …
The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed as of right whilst other remedies will depend upon the exercise of discretion the court. Discuss this statement
The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed as of right whilst other remedies will depend upon the exercise of discretion the Read More …
Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of such clauses.
Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of such clauses. ANSWER The Effectiveness of exemption or exclusion clauses in contracts in determined Read More …
A partner has a right to seek for the dissolution of a partnership. Explain the circumstances under which the court will generally order the dissolution of a partnership.
A partner has a right to seek for the dissolution of a partnership. Explain the circumstances under which the court will generally order the dissolution of a partnership. ANSWER Under section 39 of the Partnership Act, a court may order Read More …
A partnership is basically a matter of agreement between the parties or partners in the business. Section 24 of the Partnership Act sets out rules which apply in the absence of express o implied agreement to the contrary. Outline five of these rules
A partnership is basically a matter of agreement between the parties or partners in the business. Section 24 of the Partnership Act sets out rules which apply in the absence of express o implied agreement to the contrary. Outline five Read More …