QUESTIONS

1.Identify ten fiduciary duties imposed on an agent when acting primarily on behalf of a principal.

2.dDescribe three conditions necessary for a valid ratification in the law of agency

3.Describe five remedies of a principal for an agent's breach of duty

4.Explain five rights of an agent

5.Matende was employed by marion to sell her piece of land situated in nazarede town 10% commission.

Norah, a prospective buyer promised to pay matende sh.50,000 in addition to the purchase price of sh 500,000 if he agreed to reserve the land for her as she raised the purchase price.

Matende reserved the land for norah ignoring timothy, another buyer who offered to buy the same land for sh.600,000 all which he wanted paid directly to marion , the land owner.

After 5 months, norah paid sh.500,000 for the land and gave matende the 50,000 she had promised.

Marion eventually transferred the land to norah but later discovered that matende had received sh.50,000 from norah and that timothy had offered to pay a higher price for the land.

Analyse the legal principles applicable in the above case and advise marion who intends to sue matende

6. Facts and law in a negligence are governed by various case which are used to elaborate on their occurrence and their structure in law. With so list some examples of that that constitutes questions based on both, fact and law in a negligence case.

7. According to law, it is used to guide human conduct and are enforced to be abided by in real life situation. List and explain four aspects of your daily life which would be drastically different if the law of contract could not be used to enforce promises.

8. According to the postal acceptance rule, where the parties contemplate the use of the post as a method of communication, an acceptance to an offer is deemed to be effective as soon as it is posted. Why do you think the courts originally developed this postal acceptance rule? Do you think those reasons are still valid today?

9. In contractual situations, where the traditional(conventional) approach of determining the offer by the offeror and acceptance by the offeree cannot be applied, how would the court then, determine whether an actual agreement has been satisfactorily negotiated and actual valid contract reached concluded between the parties?

10. Contracts in the recent world are expressed in different ways either wholly written or partially written. Therefore, discuss why is it necessary today for some contracts to be wholly in writing and some contracts to be evidenced in writing?