Question
1.Milka and joseph are partners carrying on a business in the name and style of moja enterprises. Joseph has nevertheless set up a similar competing
1.Milka and joseph are partners carrying on a business in the name and style of moja enterprises. Joseph has nevertheless set up a similar competing business while retaining his partnership from moja enterprises.
Analyse the legal principle applicable in the above case and advise milka
2. Mateende was employed by marion kaveza to sell her land situated in nazarede town at 10% commission.
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 of which he wanted paid directly to marion kaveza, the land owner.
After three months, norah paid sh.500,000 for the land and gave matende the sh. 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.
Analyze the legal principles applicable in the above case and advise marion who intends to sue matende.
3.Describe three exceptions of implied agency.
4.Describe five instances under which an agent might be held personally liable to third parties.
5.Joshua requested grace to sell two laptops on his behalf at a price of not less than sh.40,000 each. Joshua promised to pay grace an agreed commission of 5% on every sale. Grace bought one of the laptops and gave Joshua sh.40,000 but did not inform him that she was the buyer.
Grace sold another laptop to Clemencia at a price of sh.50,000 and gave Joshua only sh.40,000.
Joshua has come to learn about grace dealings.
Explain the legal applicable in the above case sand advise Joshua on his legal rights.
6.Explain four ways in which an agency relationship would be terminated by action of the parties.
7. A married woman who is living with her husband is deemed to be his agent for the purpose obtaining necessities for the family this is known as domestic agency of necessity. Outline the exception to this rule.
8. Explain the essentials of a valid ratification of an agency contract.
9 .Hosea and Jeremiah met for a business lunch at a restaurant in town. They were later joined by Joshua, jeremiah's friend. During the discussion, Jeremiah informed joshua that he was hosea's agent to which hosea did not object.
A week later, Jeremiah obtained goods on credit from Joshua on behalf of hosea. Jeremiah has since disappeared and Joshua is claiming payment for the goods from hosea.
Explain the legal applicable in the case and advise Joshua.
10.Summarise four conditions that must be met before a partner in a firm could bind other partners in transactions with the third parties.
Explain three obligations of a partner to his fellow partners.
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