1) In relation to law of Persons, explain the legal personality of
a) The State
The State has privileges, rights, protections, responsibilities and liabilities. It can be sued if the civil wrongs are committed by a servant of the state.
The state is liable for the wrongly acts of those officers appointed by the government and also liable for of breaches of its common law duties.
The State can incur debts and it can enter contracts.
The State can own property
b) Persons of Unsound mind
Under the matrimonial causes act, a marriage, contracted by any person of unsound mind is null, is, not recognized as a valid marriage.
An insane person can escape legal consequences for any of his criminal act if the court is satisfied that the person was suffering from mental disorder at the time of the alleged crime.
An insane person is not liable on his contacts if at the time of entering into such contract he was suffering from mental disorder and the other contacting party was aware of this fact.
The Kenya Mental Treatment act provides that any person over the age of 16 may be admitted to the hospital if he wishes and any person under the age of 16 may be admitted to a mental hospital at the request of his parent or guardians.
c) Minors or Infants
An infant is not allowed to vote until he has attained the age of eighteen years and his/her name must appears on the register of voters.
The Guardianship of infants act provides that a guardian is responsible for the infant until it reaches 18years of age
An infant can own personal property and cannot own immovable property.
As regards immovable property, an infant’s name can be entered in the register as the owner of registered land.
d) Trade unions
Trade unions are unincorporated associates which have been given other rights and privileges not enjoyed by other associations
They are not legal entities of their own and cannot be treated as co-operations. They have separate legal personality from their members
It cannot sue and be sued and be prosecuted under its registered name however the Trustees of the Trade unions are liable to be sued in any tortious actions in respect of any property owned by the trade union.
Trade Unions cannot enter into contracts and own property
2. a ) Distinguish between Contract of Guarantee and Contract of Indemnity Contract of Guarantee Contract of Indemnity
* Three parties are involved Involves two parties. Surety, principal debtor, creditor indemnifier, indemnified
* There are three contracts. Between There is one contract. Between the Creditor and principal, principal indemnifier and indemnified. and surety, surety and creditor.
* Contract of Guarantee is for security Contract for indemnity is for of a debt or performance of promise. Reimbursement
* There must be written evidence of the There is no need for writing; an oral before it can be enforced. contract is enforceable as a written one.
* The guarantor is discharged when the The indemnor’s liability continues even Principal Contract is discharged. After the principal contract has been discharged.
* The liability of the surety to The liability of the indemnifier to the the creditor is secondary. Indemnified is primary...