Assignment #1

1.Undue influence is when two parties have unequal power and one party dominates over each making junior party not to exercise independent judgement on a contract. With respect to so explain five circumstances under which existence of undue influence is presumed in law.

2.Winy Kay and Evans Jay have been long time friends. They have decided to form a partnership but do not want to be governed by a partnership agreement. Explain to Winy Kay and Evans Jay the rights and duties of partners in a partnership with no partnership agreement.

3.In relation to the law of property, enumerate six lawful ways through which a person might acquire property other than by purchase.

4.With references to the law relating marine insurance explain the meaning of the term maritime perils and highlight the four matters that marine insurance policy must satisfy.

5.Beaty Oso took a fidelity medical policy with Hope insurance company limited while completing the proposal form Beatie Oso answered in affirmative a question by the insurance asking whether she was pregnant four months later Beatie Oso was admitted to the insurance company designated hospital where it was established that Beatie Oso was a man and had never been pregnant. Hope Insurance company ltd. has since refused to settle Beatie Oso medical bills and he intends to sue Hope insurance company ltd for payment. Analyze legal principals applicable in the above case and advise Beatie Oso.

6.The hire purchase act implies some terms in every higher purchase agreement. One of these terms is merchantability .This is a condition that goods are of merchantable quality unless they are second hand. There is however some instances when this condition maybe dispensed with. Outline two of the instances when merchantability maybe dispensed with.

7.In the context of the hire purchase law explain the various effect of the non registration of hire purchase agreements.

8.Nur entered into a hire purchase contract with Ujuzi traders regarding a sewing machine The hire purchase of the sewing machine was sh.10000 Nur paid a total of sh.8000 but facing financial difficulties and is in arrear of two months .The hire purchase company has repossessed the machine Nur aggrieved .Explain the legal principal applicable in the above case.

9.An agent should not make secret profit out of his agency except his renumerations. Describe the consequences of the breach of this duty.

10.In relation to the law of agency, describe five instances under which the agent might be liable to be held personally to third party.