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Question 2 Difu and Pule are business colleagues who deal in grain produce. Pule has been in the business longer and is more experienced in securing business deals. When Gugu Ltd advertised for the supply of produce, Difu requested Pule to use his good name and experience to assist him (Difu) supply produce to Gugu Ltd. This was on the understanding that Difu would pay Pule for any expenses business incurred. When Pule presented the bid documents to Gugu Ltd, Difu was very excited and even wrote a note promising to pay Pule's expenses and a token of appreciation. A week later, Pule demanded for payment but Difu declined to pay. He was of the opinion that since Pule had just assisted him, he could not force payment for the assistance. In the meantime, Difu obtained information from Gugu Ltd's Administrative Assistant that his bid to supply produce had been successful. The Administrative Assistant had eavesdropped the discussions of the procurement committee. However, three months passed before Difu got confirmation that the company had offered the tender to another person. Difu has complained to senior management. At the same time, Difu who is now in a financial distress has demanded for settlement of a debt owed to him by Ntusi. Ntusi had borrowed Shs 4 million to start a business but failed to pay it back in the agreed time. Ntusi's father had paid Shs 2 million as full settlement of the debt. Difu had accepted in order to resolve some financial obligations. Now that Difu is still in financial distress he feels that he was cheated by Ntusi and wants Ntusi to pay the balance. In another transaction, Kengo Ltd advertised for the supply of millet grain, to which Pule responded. Three months passed by before Kengo Ltd communicated to Pule to supply the millet grain. Pule ignored the communication due to the market price fluctuations which could not enable him earn good profit. Kengo Ltd now wants the millet grain and insists that Pule has a duty to supply it because he had expressed interest.

Required: Identify issues involved and resolve them.

Question 3 Mafulu Ltd is a transport company incorporated in Uganda in 2005. In September 2018, the company agreed to transport sugar for Kwogo from Kampala to Mombasa. The parties agreed that the truck would go through Busia boarder post. However, the truck driver deviated and took a longer route through Malaba border post. As a result, delivery of the sugar was delayed by 12 days. In the meantime, the market price of sugar at Mombasa had fallen, as a result Kwogo lost a profit of Uganda Shs 20 million. Meanwhile, Moselo agreed with Mafulu Ltd to ferry for him 100 trips of sand to his construction site at Shs 100,000 per trip. After Mafulu Ltd had ferried 50 trips of sand to the site, Maselo abandoned the site due to a land dispute. The contract could not therefore be fully executed. In another development, Odero has been working for Mafulu Ltd as a transport officer since 2008. In February 2019, Odero's wife fell ill suddenly and he took her to hospital for treatment. When he reported back to his work station after 2 days, he was served with a dismissal letter on the grounds of being absent from work without permission. Odero tried to explain his case to the management that his wife had been ill and as a responsible husband he could not leave a sick wife at home and go for work. He also explained that because of the sudden nature of his wife's illness, he forgot to call at his work place to inform them. He produced medical records to demonstrate that his wife was actually ill. Odero is very worried of losing this job which is the only source of income and his children may drop out of school due to lack of school fees. The company is adamant and has even advertised his position. Odero needs your help in this matter.

Required: Identify the legal issues involved and resolve them. (20 marks)

Question 4 (a) Tamu is a resident and owner of premises located in Simpasa Village at Sasa Road in Kapongo Municipality. In April 2019, Sunama went to Sasa Road and shouted at the top of his voice in the middle of the road with a Panga 'I will finish all residents within a radius of 400 metres'. Tamu who was in his house which is 30 metres from Sunama, felt threatened. He wants to sue Sunama for tort of trespass. When Sunama learnt of the intention of Tamu he asserted that he was not liable under the law of torts but under criminal law for which he will vehemently defend himself.

In another unfortunate incident. Tamu's immediate neighbour. Joranta. used to throw rubbish. over the fence to Tamu's compound until it became a heap. A reconciliation meeting was held between the two neighbours whereby Tamu was paid inconvenience fee of Shs 500,000. In addition. Joranta agreed to remove the rubbish but later declined to move it despite several reminders. He claimed that the Shs 500,000 was adequate compensation if there was any trespass. He asserts that he never stepped in the compound of Tamu and could not be held liable in law. Joranta has openly told Tamu that his decision to pay Shs 500.000 was a gesture of good neighborhood. He added that in case Tamu wishes to pursue his demands. he should refund the Shs 500.000. Requlred: Raise and resolve all the issues arising from the facts. (16 marks) (b) Explain the defences of trespass to land. (4 marks) (Total 20 marks) Question 5 (a) Define the term agency. (2 marks) (b) "An agency may be terminated either by acts of the parties or operation of the law." Bequlred: With reference to this statement. explain how an agency relationship may be terminated by acts of the parties. (6 marks) (c) Explain the circumstances under which an agent may be held personally liable to third parties. (12 marks) (Total 20 marks) Question 6 (a) Explain the advantages and disadvantages of case law in Uganda. (16 marks) (b) Distinguish between common law and case law. (4 marks) (Total 20 marks)