CONTRACTUAL CASES

1.Many clauses in a contract purport to exclude liability of injury, loss or damage

Explain five rules that determine the effectiveness of such clauses.

2. One of the remedies on breach of contract in action is for specific performance. Hower 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 cases when it might not be granted.

3. Alex entered into a five-year written lease agreement for office premises with mercy. After the end of the lease period, the parties agreed that mercy would continue occupying the office premises fotr another five years. On that basis, mercy made extensive renovations to the office premises. She installed new carpets, painted the premises and put in a new heating system.

Alex later changed his mind and told mercy to vacate the office premises claiming the lease agreement has expired.

With specific references to promissory estoppel in the law of contract, advice mercy on her legal rights.

4.Summarise four ways by which a contract might be discharged by operation of the law.

5.According to law of sales of goods act, generally there is no implied condition as to fitness for any particular purpose of the goods supplied. Therefore, outline four exceptions to the general rule above.

6.Samuel Leo made an offer to purchase David Kesho's car. However, David Kesho upon accepting the offer was informed by Samuel that the offer was terminated. David did not understand how that was possible. Advise David on the ways in which an offer could be terminated.

7.There are some requirements and administrative body must meet in order to avoid review of its decision by courts. Describe the requirements that an administrative body must meet in making an administrative decision so that it avoid a review of its decision by the courts.

8.With specific reference to the law of agency which focuses on the relationship between the principal and agent who acts on his behalf; explain four ways in which an agency relationship may terminate.

9.In relation to the sale of goods act, it involves two parties that is the buyer and the seller in their contractual activities. Therefore, outline four circumstances when a buyer might reject the goods and repudiate the contract.

10.In the context of classification of law, there are various punishment given to those going against the rules. Hence, state four modes of sentencing that a court might impose on an offender.