Question 8
Bettyna bought a car in 2020 December from Rodgers for Kshs 4 million to be paid in two instalments of Kshs 2 million. Bettyna did not pay the second instalment when it was due. She disputed that she owed Rodgers the money.
Rodgers felt sorry for Bettyna, who lost her job not long ago after buying his car. He told her that if she paid him half of what she owed him, 2 million, by the following Wednesday, he would let her off with the rest.
Bettyna paid him kshs 2 million on the following Tuesday. She also gave him a bottle of “Chateau Lafite Wine” in appreciation of his kindness. (The wine cost Kshs 50,000)
On Friday 31st March 2021 Bettyna notified that she had been successful in one of her job applications in Qatar and would be earning Kshs 1 million per month, a salary that would be much better than the pay in her old job.
Rodgers has just heard about Bettyna’s new job and realised that she would be earning more than him. He wishes to claim the rest of the money which she had originally agreed to pay for the car.
Advice the parties on their contractual rights
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