Law of Contracts II Assignment Instruction: Using the IRAC rule, answer the questions below while applying case relevant cases from the constitution

Q1 Kevin Kimaiyo operates a jewelry shop in Eldoret Town. One Friday morning, a sharply dressed man visited Kevin's shop. He bore a striking physical resemblance to Cloud Kipjogging, a famous local athlete. Kevin asked him if he was Cloud, and the man responded in the affirmative. Kevin told him he was a great fan of him. He added that it had been his dream to sell jewelry to famous athletes like Cloud since such a sale would be a badge of endorsement of his shop. The man identified a beautiful Kshs 30,000 wrist watch. He told Kevin that he needed ten pieces of the watch as gifts to his team members to celebrate his recent marathon win abroad. He added that he did not have any cash on him, so he would make payment through a cheque. Kevin did not object. The man immediately wrote a cheque for Kshs 300,000 and gave it to Kevin. He then collected the ten watches. Before he left the shop, the man took a 'selfie' photo with Kevin. He asked Kevin to hang the photo in his shop as his free endorsement of the shop. Two days later, Kevin's banker called him. She informed him that the Kshs 300,000 cheque, which he had deposited a day earlier, had been dishonoured for lack of funds in the drawer's bank account. Alarmed, Kevin made inquiries among the local athletes and the media about the recent whereabouts of Cloud. He learnt that Cloud had been out of the country for the last three weeks. Therefore, he concluded that the man who visited his shop two days earlier was an imposter of Cloud. Kevin has approached you for advice on the legal status of his transaction with Cloud's imposter including his remedies, if any. Using relevant illustrations including case law, advise Kevin accordingly (30 marks)

Q2 News of the 'Shakahola massacre' has gripped Kenyans since it broke out in 2023. Reports indicated that many disciples gave their earthly resources including money, land and other assets to their spiritual leader before many of them reportedly 'fasted to death'. Jane Kimani was one such disciple. She was a successful second-hand clothes dealer in Nairobi. Out of the blue, she sold her business and car for Kshs 10 million, and wired the proceeds to her spiritual leader, the influential Prophet Bingu of Heavenly Ministries International, who was based at the coastal town of Malindi. Jane also met her lawyer and instructed him to convey the title of her two prime parcels of land in Nairobi, both valued at Kshs about Kshs 20 million, to the prophet. He was also reputed to be very violent. He often physically beat up and psychologically tormented his disciples who did not tow the line by providing what he wanted from them. After disposing all her assets, Jane left her husband and two children in Nairobi and travelled to the coast to stay at the massive Heavenly Ministries International complex. However, her family later discovered that Jane passed away two months after settling at Heavenly Ministries International. Peter Kimani, Jane's widower, has approached you for legal advice on his chances of recovering the money and parcels of land which Jane gave to Prophet Bingu and any remedies that he may pursue against the prophet. Using relevant illustration including case law, advise Peter accordingly (20 marks).

Q3 James Wandera, a freelance long-distance truck driver, was contracted by Roadmaster Trucks Limited to transport a container of cargo from the Port of Mombasa to Kigali in Rwanda. His agreed remuneration was Kshs 150,000. This was payable in three installments; a deposit of Kshs 50,000 upon departure from the Port of Mombasa with the cargo; Kshs 50,000 upon successful delivery of the cargo to Kigali; and the balance of Kshs 50,000 upon delivery of the empty container at the Port of Mombasa. James received his first installment. He successfully exited Kenya into Uganda at the Busia Border. However, around Jinja Town in Uganda, James' truck was swept away by flash floods from a swollen River Nile. James was luckily rescued by local divers. However, his truck and its cargo were not recovered. It was believed they were washed downstream into Lake Victoria. Upon returning to Mombasa, James sought to recover the balance of his remuneration from Roadmasters Trucks Limited. However, the company declined to pay him the balance of Kshs 100,000. Therefore, James has approached you for legal advice on his predicament including any remedies available to him. Using relevant illustrations including case, advise James accordingly (20 marks).