KNEC| KASNEB| KISM| Study notes and Revision materials for schools in Kenya. KNEC certificate courses, Diplomas, Higher Diplomas, KISM courses cpsp-k and aps-k, KASNEB cpa, atd, cs, cifa, ccp, dcm, cict and cict, Ksce and Kcpe
• This is one of the rules of consideration. Payment of a lesser sum by the debtor does not extinguish the debt as he has provided no consideration for the creditors promise. • This is the rule in Pinnels case (1602) as enunciated by Brian C. J. This rule was upheld in Foakes V. Beer
(Arbitrators or arbitral tribunals may be appointed by: • Parties to the dispute • Third party or body as agreed upon by the parties, for example law society of Kenya. • High court in the circumstances set forth in section 12 of the Arbitration Act. – Where the parties have failed to agree as to
Establishment: it is established by section 85 (1) of the Armed Forces Act as a subordinate court. Composition: the court consists of a presiding officer who sits with not less that two other persons or not less than four others if an officer is being tried or where the maximum penalty for the offense is
This statement is a correct observation of the prevailing circumstances. This is because in the first instance parliamentary safeguards or mechanisms are ineffective. • Parliament delegates legislative power to specific persons or bodies, for example governments, ministers, professional bodies, local authorities and statutory bodies. • Parliament prescribes the scope and procedure of law making. The
An independent contractor is a person engaged by another to render a particular service i.e. there is a contract for services between the parties. • He is his own master and exercises his discretion in accordance with the terms of the contract with the employer. • He is generally liable for torts committed by his
• Alien is a right conferred upon a person by trade usage or custom or by the law in certain circumstances, as a security for the fulfillment of an obligation owed by another or others. A lien may be possessory, equitable or maritime. o Possessory lien: this is the right of person in possession of
Rights • Right to life: this right is protected by section 71 (1) of the constitution. • Right to personal liberty: this right is protected by section 72(1) of the court. • Right to protection of law: this right is guaranteed by section 77 of the constitution. • Right to property: this right is protected
• Human rights or fundamental rights are certain values shared by all human beings by reason of being God‟s creation. • They are rights attributable to all human beings and are enjoyable by all irrespective of any contractual or other relationships. • These rights enhance the dignity of humanity. • In Kenya the fundamental rights
• Limited liability: members are as a general rule not liable to make good the debts of corporation. In registered companies, members can only be called upon to contribute the amount unpaid on their share or the amount they undertook to contribute. • Perpetual succession: a corporation is a creation of law. It has no
• This problem is based on the enforcement of exemption clauses with specific reference to fundamental breach or obligation theory, which is to the effect that an exemption clause will not generally be given effect is doing so amounts to a fundamental breach or enables the stronger party evade the fundamental obligation of the contract.