Bills of exchange see negotiable instruments

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BILLS OF EXCHANGE See: NEGOTIABLE INSTRUMENTS. BRIDEWEALTH. See: FAMILY LAW. BURDEN OF PROOF See: EVIDENCE
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BUSINESS NAMES See: ASSOCIATIONS. CHAGGA LAW See: CUSTOMARY LAW. CHEQUES See NEGOTIABLE INSTRUMENTS. CHOICE OF LAW See. CONFLICT OF LAWS. COMPANIES See: ASSOCIATIONS. COMPENSATION FOR IMPROVEMENTS See: LAND LAW. CONCUBINAGE See: FAMILY LAW CONFLICT OF LAWS Criminal law – Attempted murder – Transaction taking place in two coun- tries – Triable in Tanzania. 1967/391 Family law – Claim for custody of child – Case governed by customary law of community where child resides. 1968/3; 1968/5. Succession – Conflict between tribal and religious laws. 1967/159 CONTRACT Accord and satisfaction – Claim for back wages barred by agreement for re-employment at higher salary after dispute arose. 1968/338.
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XXX11 CIVIL CONTRACT (Continued) Account state – Consideration for agreement to have account stated by third party is mutual promise of parties to adopt third party’s decision. 1968/401 Agency Agent may be sued on contract where principal cannot be sued. 1967/424 Agent not bound by contract made on behalf of disclosed principal. 1967/424 Application – Technical rules and notions of contract should not be applied to claims originating in rural communities. 1968/288 Barter agreement Where person gives animal in exchange for goods and animal dies within a year, person is obliged to replace it unless death is due to negligence of other party. Kuria custom. 1968/82. Goods not delivered – Damages awardable. 1967/378 Breach Retaking by seller after buyer’s failure to pay full price. 1967/113. Proper defendant. 1967/430 “Common carrier” defined. 1967/423 Conditional sale – Failure by buyer to pay within reasonable time invalidates contract. 1967/45 Contractual notice through mails – Relevant date is date of receipt barring unusual delay of mail. 1968/247. Customary law – When applicable 1968/381 Counterclaim – Discretion of court to exclude. 1968/444 Damages Awarded where plaintiff proves breach of contract but not damages 1968/287.
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Barter agreement – Damages should be measured by current price of un- delivered goods. 1967/378 Breach of contract for sale of land – Damages not awardable for “trouble created”. 1968/132 Breach of employment contract – Employer’s right to damages where no special loss shown. 1968/443. Fraudulent sale of land. 1968/13 Goods undelivered due to breach in anticipation. 1967/157 Liquidated damage clause sets maximum limit of damages but does not dispose of necessity to prove actual damage. 1968/247; 1968/287. Measure of – Loss partially paid for by insurance company. 1967/228. Required degree of clarity in plaint. 1967/228 Special damages distinguished from damages claimed by way of set-off. 1967/156. XXX111 CIVIL CONTRACT (Continued) Defences – “Non est factum” – Burden of proof. 1967/425. Disposition of government leasehold – Contract which is inoperative as dispo- sition of land may be valid as regards collateral matters. 1968/1 Employment Employer’s damages for employee’s breach where no special loss shown 1968/443.
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  • Fall '17
  • Dean Majamba

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