Assignment #3

1. Nuisance is a tort committed if someone is wrongly disturbed in the use

and enjoyment of his land. Describe the defenses available to a person

who is being sued for nuisance.

2. Many clauses in a contract purport to exclude liability for injury, loss or

damage. Explain five rules which determine the effectiveness of such

clauses.

3. One of the remedies available on breach of contract is action for specific

performance. However, there are cases when the remedy might or might

not be granted. With reference to the above statement, identify three cases

when specific performance might be granted and three when it might not

the general rule that "for a contract to be discharged by performance, the

performance must be precise and exact" was modified by exceptions to

mitigate its harshness. Discuss five exceptions to this general rule.

be granted.

4. An agent will usually act within his authority, but if the relationship with

his principal is well established, he may occasionally act outside the

authority if he feels the principal will subsequently ratify the agent's

action. Discuss the effects of subsequent.

5. Any person who has been appointed to represent another in dealings with

parties is an agent. There are however persons who regularly act for others

in business transactions as professional agents. Discuss four examples of

professional agents.

6. Under the Sale of Goods Act, where there is a contract for the sale of

specific or ascertained goods, the property in the goods is transferred to

the buyer at such a time as the parties to the contract intend to be

transferred. Discuss the rules for determining when the property passes

from seller to the buyer.

7. In relation to the law governing sale of goods, only the owner of the goods

can validly sell them (nemo dat quod non habet rule). Explain the

exceptions to the above rule.

8. Under the hire purchase act, certain provisions are deemed void if

contained in the hire purchase agreement. With reference to the above

statement, explain three such provisions.

9. For a hire purchase agreement to be enforceable, it must contain certain

requirements. With reference to the above statement, explain these

requirements.

10. Where goods have been let under a hire purchase agreement and two-

thirds of the hire purchase price has been paid the owner shall not enforce

any right to recover possession of goods from the hirer otherwise than by

suit. Explain three consequences of contravention of the above provision

by the owner.