Roy Simiyu, a successful businessman, wants funds for sound expansion. Access the links below to see additional questions about trials and issues for each chapter as well as the suggested answers guide. You can also consult an introductory document with general tips on how to answer the essay and problematic questions. Harry and Thuku agreed to meet for a business lunch at a restaurant in the city. Janet and Mary signed a contract for Janet to sell Mary a car for 250,000 shillings. The parties were unaware that the car parked in John`s garage had been set on fire that morning after a fire broke out in the garage. Mary had paid Janet Sh. 100,000 as bail. She now intends to sue Janet for breach of contract Mwangi stole property from Simiyu.
Police are pursuing Mwangi for theft and Simiyu. Advise Janet. ANSWER • This problem is based on the frustration of the contract. • It is obvious that the destruction of the car fire thwarted the contract between Mary and Janet and therefore exonerated the parties, as none of them were to blame. However, the deposit of Kshs. 100,000 paid to Mary is refundable. • My advice to Janet is that there is no need to worry because there is no breach of contract. However, Maria is entitled to the deposit of 100,000 Kshs. Janet must repay the same. • My advice is based on the provisions of the Law Reform (Frustrated Contracts) Act 1943, which deal with adjusting the rights of the parties when a contract is thwarted. By law, any amount paid is refundable if a contract is frustrated. Mutuku employed Mwanzia as a tanker truck driver.
While the essence of. Stéphane issued a cheque in favour of Thorne. However, when Thorne presented it for payment. Ndolo participated in an auction conducted by Fagia Auctioneers Ltd. The goods auctioned were exhibited in..