Question
1.ben purchased a motor vehicle from Arizona motors ltd under a hire purchase agreement at a cost of sh. 600,000 payable in twelve installments. After
1.ben purchased a motor vehicle from Arizona motors ltd under a hire purchase agreement at a cost of sh. 600,000 payable in twelve installments. After paying six installments, he gave the car to his wife lsaby as a gift. The following month, their relationship become strained and ben moved out of the matrimonial home taking car with him. lsaby feels aggrieved and has come to you with mandatory instructions to file a case against ben for recovery of the car
Identify the legal principles applicable in the above case and advise lsaby.
2.explain the information that must be contained in the written memorandum of a hire purchase agreement for the agreement to be enforceable.
3. explain the meaning of the term hire purchase agreement43
4.the hire purchase act implies some terms in every hire purchase agreement. One of these terms is merchantability. This is a condition that the goods are of merchantable quality unless they are second hand. There are however some instances where its conditions may be dispensed with
Outline two of the instances when merchantability may be dispensed with.
5.one of the important legal maxims in the application of the law of agency is expressed as A delegate cannot further delegate.
6.identify ten fiduciary duties imposed on an agent when acting primarily on behalf of a principal.
7.describe three conditions necessary for a valid ratification in the law of agency
8.describe five remedies of a principal for an agent's breach of duty
9.explain five rights of an agent
10
.Matende was employed by marion to sell her piece of land situated in nazarede town 10% commission.from 50
Norah, a prospective buyer promised to pay matende sh.50,000 in addition to the purchase price of sh 500,000 if he agreed to reserve the land for her as she raised the purchase price.
Matende reserved the land for norah ignoring timothy, another buyer who offered to buy the same land for sh.600,000 all which he wanted paid directly to marion , the land owner.
After 5 months, norah paid sh.500,000 for the land and gave matende the 50,000 she had promised.
Marion eventually transferred the land to norah but later discovered that matende had received sh.50,000 from norah and that timothy had offered to pay a higher price for the land.
Analyse the legal principles applicable in the above case and advise marion who intends to sue matende
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