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Questions
1a
Law of Contract
Alex Kombo entered into a five year written lease agreement for office premises with Mercy Omagwa. After the end of the lease period, the parties agreed that Mercy Omagwa would continue occupying the office premises for another five years. On that basis, Mercy Omagwa made extensive renovations to the office premises. She installed new carpets, painted the premises and put in a new heating system.
Alex Kombo later changed his mind and told Mercy Omagwa to vacate the office premises claiming that the lease agreement has expired.
With specific reference to promissory estoppel in the law of contract, advise Mercy Omagwa on her legal rights.
One of the remedies available on breach of contract is action for specific performance. However, there are cases when the remedy might or might not be granted.
With reference to the above statement, identify three cases when specific performance might be granted and three cases when it might not be granted.
Agnes Pure purchased a sewing machine from High Hopes Limited under a hire purchase agreement. High Hopes Limited did not disclose to Agnes Pure that the sewing machine was being let on second hand basis as it had been repossessed from another hirer. Agnes Pure took possession of the sewing machine but on reaching home, she realised that it was not in a working condition. When Agnes Pure read the terms of the hire purchase again, she discovered that High Hopes Limited had exempted themselves from any liability whatsoever.
Analyse the legal principles applicable in the above case and advise Agnes Pure who intends to sue High Hopes Limited.
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