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Module 3 Assignment Questions 1. General defenses in torts focuses if one sues the other claiming that the other person has violated his rights and

Module 3 Assignment

Questions

1. General defenses in torts focuses if one sues the other claiming that the other person has

violated his rights and in so doing has committed a tort, then certain defenses are available to

the defendant. Therefore, explain the defenses in tort.

2. Capacity to be sued or sue in tort elaborates that all persons are subject to the same laws

however some special rules apply in certain circumstance which restrict, forbid or qualify the

right to sue or be sued. State, the capacities to sue or be sued in tort.

3. Actions of contract and tort and certain other actions may be limited with how those actions

should be carried out and therefore their limitation is discussed in certain perspective.

Highlight, the limitations of actions.

4. A contract is an agreement of promises which is legally binding or enforceable by law thus

imposes an obligation to the parties involved to see that they have performed their promise.

Therefore, highlight essential elements of a valid contract.

5. Consideration is an offer and acceptance which are not enough to bring about a valid and

binding contract thus rendering most contracts void. Discuss the types of consideration.

6. A vitiating element or factor is one which tends to affect the validity of the contract since it

promotes the well-being of a valid contract thus acceptable at large. Explain the vitiating

elements.

7. A frustrated contract occurs if an event which brings its further fulfillment to an abrupt end;

and upon the occurrence of the frustrating event the contract is immediately terminated and

the parties discharged. But the doctrine of frustration only relates to the future. List examples

of frustrating events.

8. Breach of contract by a party thereto is also a method of discharge of a contract, because

"Breach" also brings to an end the obligations created by a contract on the part of each of the

parties. Highlight remedies of breach of contract.

9. Goods are items that are being available to the market for either buyer or seller to do business

transaction at the set price. In reference to sale of goods act, highlight the types of goods.

10. A void contract is one that is not acceptable or enforceable by law or does not follow the

guidelines affecting those contracts. Highlight, circumstances under which contract of sale of

goods is void.

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