MOUNT KENYA UNIVERSITY

SCHOOL OF LAW
BACHELOR OF LAWS
BLW1203 LAW OF CONTRACT 1
SEPT - DEC 2016 SEMESTER
CAT 2: TAKE-AWAY ASSIGNMENT
INSTRUCTIONS:
- This CAT counts for 15 Marks of the entire units evaluation.
- Choose and attempt any one of the two questions given.
- Cite relevant cases and/or statutes; and clearly reference your work.
Plagiarism shall be penalised in accordance with the Universitys
examinations rules and regulations.
- The assignment should be attempted in your respective groups and
handed in on/before Friday 2nd December 2016, at 5pm.
- The assignment should be typed in not more than 6 pages.
- The participation of all group members is mandatory. All the members
names, respective registration numbers and signatures should be
indicated on the cover page of your assignment.

QUESTIONS:
1.

English Law, having committed itself to a rather technical and

schematic doctrine of contract, in application takes a practical
approach, often at the cost of forcing facts to fit uneasily into marked
slots of offer and acceptance. Lord Wilberforce in New Zealand
Shipping Co Ltd V A. M. Satterthwaite & Co. Ltd (1974) 1 All ER 1015
Discuss the accuracy of this statement with reference to modern day
commercial activities and relevant legislation in Kenya.

2. Hillary, a dealer in rare antique furniture, had a special sofa for sale.
She wrote to Donald, a friend who likes nice antique furniture asking
whether he would be interested in purchasing it. Donald wrote in reply,
I am willing to pay Kshs 100,000 for it and I will consider it mine at
the price unless I hear to the contrary from you and will collect it from
your shop on Saturday.
Advice Donald concerning his legal position if;
i. Hillary disregarded Donalds letter and sold the sofa to Gary for
Kshs 100,000.

ii.

Hillary put the sofa on one side in her shop and marked it Sold
to Donald but Donald decided he no longer wished to buy it.