Questions

1.Joshua requested grace to sell two laptops on his behalf at a price of not less than sh.40,000 each. Joshua promised to pay grace an agreed commission of 5% on every sale. Grace bought one of the laptops and gave Joshua sh.40,000 but did not inform him that she was the buyer.

2.In relation to the court system structure in your country, state five superior courts and explain the composition and jurisdiction of the khadi's court.

3.With reference to settlement of disputes through commercial arbitration, summarize the form and information that should be contained in the arbitral award.

4.Damages are a common law remedy awarded in tort and are intended as a compensation for a plaintiff's loss? In relation to the above statement, describe five categories of damages available to a plaintiff.

5.A party making an application to the high court to set aside an arbitral award must furnish proof of certain matters. With reference to the above statement, describe the proof that the party must furnish.

6.Milka and joseph are partners carrying on a business in the name and style of moja enterprises. Joseph has nevertheless set up a similar competing business while retaining his partnership from moja enterprises.

Analyse the legal principle applicable in the above case and advise milka

7. Mateende was employed by marion kaveza to sell her land situated in nazarede town at 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 of which he wanted paid directly to marion kaveza, the land owner.

After three months, norah paid sh.500,000 for the land and gave matende the sh. 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.

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

8.Describe three exceptions of implied agency.

9.Describe five instances under which an agent might be held personally liable to third parties.

10.Nuisance is a tort committed if someone is wrongly disturbed in the use and enjoyment of his land. Describe the defenses available to a person who is being sued for nuisance.