Each group should answer the question attached to them. Use relevant case law and relevant laws where necessary to answer. The group work will be printed in font 12 and the draft should have all the group members who participated
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| Question 6
a) Teresia and Tracy are sisters. On 14th February, Teresia meets her sister for a drink and tells her that she was looking for a new phone. Tracy replies that she wants to sell her purple Samsung S7 as there is now Samsung S10, a better model available and that she is happy to sell it to her sister “on a business basis”. Tracey says she wants “about Kshs. 50,000” for it. That evening, Teresia sends an email to Tracy saying, “I accept your offer to sell the phone for Kshs 50,000 and will transfer the money in a few days. On 18th February, Tracey sends an email that, “I want Kshs 80,000 for it. To avoid any further misunderstanding, do not email me again unless you do not want the phone at this price.” Teresia was annoyed on reading the first sentence of Tracy’s email that she deleted it without reading it and did not reply. Three weeks later, Tracy rang Teresia and demanded Kshs 80,000 offering to deliver the phone. a) Advice Teresia b) How, if at all would you answer differ if, upon reading Tracy’s email on 18th February, Teresia decided to purchase the phone for Kshs 80,000 and Tracy now refuses to deliver. b) Dr Ominde entered into a contract to sell his asteopathy practice to Dr. Mzee, Ominde later changed his mind however, and asked to be released from the contract. Ominde initially refused to do so, but after Ominde offered to pay him Kshs 10 million at specified future date in exchange for the release, Mzee released him from the sale contract. Later Ominde filed a suit for a declaratory judgment that he was not bound by his promise to pay Mzee the kshs 10 million on the ground that his promise was not supported by consideration. Was mzee’s cancellation of the contract consideration? Discuss and decide the suit. Question 7 Letifah, a British/ Kenyan lady raised her two sons, James and John after she and their father divorced, putting both through dental school. Concerned that they might not help support her in her old age, she had each sign an agreement when they turned 18. The agreement stipulated that after becoming dentists, her sons would each pay 60% of their net profit until the total amount paid reached Kshs 1.7 million dollars. Her sons both became practicing dentists in 2012. James has fulfilled his contractual obligations to date. On the other hand, John defaulted 5 years ago. Letifah, has filed a suit against her son John for breach of contract. She claims: Upbringing fee of 754,000 USD Interest of 967,000 USD Cost of the suit In the suit papers, John argues inter alia that he signed the contract when he was 18 and that he has already paid his mother a total of 1 million USD of his contractual debt and that the debt ought to have been cleared. You are the lead researcher at the Supreme Court of Taiwan. Advise the president of the supreme court on the suit before it. Remember to support your arguments with relevant case law. Download 18.19 Kb. Share with your friends:
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