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Seeking Remedies For Breach Of Contract

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Seeking Remedies For Breach Of Contract A CASE STUDY: CASE PROFILE (MOCK).....................................................................
IN THE OPINION COURT OF JUSTICE AT NAIROBI 
MISCELLANEOUS CIVIL SUIT (APPLICATION) No.1 OF 2014     IN THE MATTER OF THE LAW OF CONTRACT, CAP. 23 OF THE LAWS OF KENYA AND IN THE MATTER OF ACTION FOR RESTITUTIO IN INTEGRUM BETWEEN ABC............................................................................................................... APPLICANT/PLAINTIFF .VERSES
XYZ………………………………………..…………………....……………RESPONDENT/DEFENDANT JUDGES: [Public Jury ] COUNSEL: [Advocates of The High Court On Record ] ISSUES IN DISPUTE : (a) what constitutes a valid contract? (b)  Are political parties constitutional organs or private enterprises subject to the law of contract and breaches thereof. (c)  Do political parties enjoy special privileges like Trade Unions as unincorporated associations when it comes to inducing breach of contract. (d)  Are political party primaries …

How to Answer a Legal Essay-Question Assignment

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How to Answer a Legal Essay-Question Assignment Legal essay writing: As is the case with all academic assignments, a legal essay question has the main title which usually requires the student to either ‘consider’ or ‘discuss’ a topic, or ‘compare’ or ‘evaluate’ this or that issue as stated in the essay question.   Invariably, there are always two elements to essays in law and four essential ingredients to answering essay questions: Identifying key elements  Firstly, you are required to reproduce a series of factual information on a particular area of law as identified in the question. Secondly, you are also required to answer the question set which is usually found in some critical element of such verbs as ‘ consider’, ‘compare’, ‘discuss’, ‘evaluate’, etc. Model sample question “‘Consider the extent to which the rules by which courts determine  whether there is a breach of duty of care actually discourage people from engaging in activities that are likely to harm or cause damage to ot…

What Ails The Electoral Process in Kenya

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What Ails The Electoral Process in Kenya Background On 4th August, 2010, Kenyans promulgated a new Constitution of Kenya as the supreme law of the republic . it ushered a new constitutional dispensation that sought to embrace the sovereignty and idealaspirations of Kenyan citizens as their solemn social contract with their leaders. The supremacy of the Constitution of Kenya is enshrined under Article 2 (1): this constitution is the supreme law of the republic and binds all persons and all state organs at both levels of government, i.e. national government and county government respectively. Under clause (3) the validity or legality of the constitution is not subject to challenge by or before any court or any other state organ. The national values and principles of governance are enshrined under the provisions of Article 10(1), and binds all state organs, state officers, public officers and all persons whenever any of them: a)Applies or interprets the constitution; b)En…