Question
This assignment requires thorough explanation of each question; Questions 1. Personal remedies are remedies against the buyer and are enforceable by court action for price
This assignment requires thorough explanation of each question;
Questions
1. Personal remedies are remedies against the buyer and are enforceable by court action for
price and also for damages for non-acceptance. With so, the buyer is entitled to some
remedies therefore list them.
2. Hire purchase is a contract by which goods are delivered to a person who agrees to make
periodical payments by way of hire, with an option of buying the goods after the started hire
installments have been paid. Furthermore, list the contents of hire purchase.
3. Sec 4 (1) of the Hire purchase act in Kenya establishes the Registry of Hire Purchase which
as per the Act every Hire Purchase agreement must be delivered to the Registrar for
registration within 30 days of its execution. State the effects of non-registration.
4. The hire purchase act attempts to protect the hirer for exploitation through the following
ways; making some Contents of the agreement to be void if used, Implied terms of the
agreement and Repossession of goods. Discuss the contents deemed void if inserted in the
hire purchase agreement.
5. The hire purchase contract focuses mostly on some parties such as owner and hirer who play
an important role in it such that they have duties and obligation which should be followed to
the latter. Explain the duties of hirer.
6. Guarantee contract occurs when one person signifies to perform the contract or discharge the
liability incurred to the third party, on behalf of the second party, in case he fails. According
to so, state the types of guarantee.
7. The person to whom the guarantee is given is Creditor, Principal Debtor is the person on
whose default the guarantee is given and the person who gives guarantee is Surety
(Guarantor). Therefore, list ways of discharge of guarantor.
8. In a guarantee contract there are several parties with duties and responsibilities that should be
abided by and upheld. Thus, discuss the rights of an indemnity holder acting within scope of
his authority.
9. A guarantee contract is a contract when one person(guarantor) signifies that he will be held
liable if the principal debtor fails to pay the creditors. According to this statement, list the
rights against principal debtor.
10. A guarantee contract has played an important role in commercial law thus has so many
contributory aspects. With so, list the advantages of a guarantee contract.
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