Wamaitha is vegetables and fruits merchant carrying on business in Ngong Road, Nairobi. For years she has been getting her supplies from Maina based in Kinangop from farmers based there.In December 2014, Maina purchased for her four bales of Cabbages, six sacks of tomatoes and one sack of Avocado fruit to be dispatched to Nairobi. Due to heavy rains and fog in the Limuru area, the vehicle could not make it to Nairobi and had to sleep over at Uplands. Furthermore as Maina had lost his phone and did not have Wamaitha's number he could not communicate with her. The following morning afraid that any further delay will lead to the entire batch being lost, he sold the entire batch at a profit of KES. 21,000.00. Wamaitha now claims refund of her money and the profit. With reference to case law and other relevant material, prepare an opinion of no more than 3000 words on the rights and obligations and remedies if any for the parties.

Whether Maina qualified to be Wamaitha's agent in the previous transactions.

ii)

Whether Maina qualified to be an agent of necessity according to the facts of the

case.

iii)

Whether Wamaitha is entitled to the profit made by made by Maina from the sale of

the goods.

iv)

Whether title in goods had passed to Wamaitha.

v)

Whether Wamaitha is entitled to damages due to breach of contract by Maina.

Where a person A commissions a person B to buy goods for him, the person B can act in two

capacities:

i)

As a supplier.

ii)

As an agent acting on A's behalf.

Wamaitha can either sue Maina for disposing of her goods despite him not being an agent of

necessity or for breach of contract under Sale of Goods Act