• October 9th, 2017
  • Posted by athanne

Law of Contract in Kenya

300x250 2 Law of Contract in Kenya

Discharging a Law of Contract in Kenya is the situation where the parties are freed from their mutual obligations to the contract and to each other. It is also called termination of a contract. Discharging a Law of Contract in Kenya may happen in any of the following ways.our article in Business Training in Kenya refers.

  • Performance is one of the ways of Discharging a Law of Contract in Kenya. A contract is said to have performed when both parties have fulfilled their end of the bargain.
  • Agreement is another way of Discharging a Law of Contract in Kenya. This may happen were parties to the contract by mutual agreement, agree to release each other.
  • Frustration or impossibility is also another way of Discharging a Law of Contract in Kenya.  A Contract in Kenya is said to be frustrated if an event occurs that brings its further fulfillment to an abrupt end. It is not done by either of the parties.
  • Breach is when a Law of Contract in Kenya has its terms are broken, when a party to the contract fails to honor their obligation.
  • Operation of the law is another way of Discharging a Law of Contract in Kenya. This may occur where there is lapse of time, death of party, substitution or bankruptcy
  • Lapse of time is where the law requires that a Law of Contract in Kenya be performed within a specified period of time called a period of limitation. If these time set lapses then the contract is discharged.

 Law of Contract in KenyaRemedies for Discharging a Law of Contract in Kenya

Discharging a Law of Contract in Kenya gives rise to correlative rights and obligation remedy is the means given by the law for enforcement of a right. Any situation in which there is a right, there is also a remedy.

The remedies for Discharging a Law of Contract in Kenya include;

  • Specific performance
  • Quantum meruit
  • Damages
  • Injunction
  • Rescission

 

Specific Performance as one of the Ways of Discharging a Law of Contract in Kenya

Specific performance is a remedy to Discharging a Law of Contract in Kenya. It means carrying out the contract as agreed. It is an equitable remedy and it may be granted where; monetary compensation is not adequate relief, there is no standard for asserting the actual damage and where it is probable that the compensation in money can’t be gotten.

Quantum Meruit as one of the Ways of Discharging a Law of Contract in Kenya

Quantum meriut is the second remedy for Discharging a Law of Contract in Kenya and is available to either party without claiming damages or compensation for work done it can also be done by claiming reasonable compensations

Damages as one of the Ways of Discharging a Law of Contract in Kenya

Damages are one of the remedies for Discharging a Law of Contract in Kenya. Damages are monetary compensation allowed to the injured party of the loss for the injuries suffered by him or her as a result of the breach of contract. The fundamental principal for damages is compensation

The aim is to put the injured party in the same position as he would have been had there been performance. As general rule, compensation must be commensurate with the injury or loss sustained arising naturally from the breach if actual loss is not proved, no damages will be awarded.

Injunction as one of the Ways of Discharging a Law of Contract in Kenya

Injunction is yet another way of Discharging a Law of Contract in Kenya. It is a court order restraining a person from doing a particular act.

 Rescission as one of the Ways of Discharging a Law of Contract in Kenya

Rescission is the last but not least way of Discharging a Law of Contract in Kenya. It occurs when the aggrieved party decides not to perform his part of the contract. He may even sue and be granted rescission by the court in which case he becomes entitled to compensation for any damage which he has sustained through non-fulfillment of the contract. This is the last remedy for breach of Contracts in Kenya.

Conclusion on Discharging a Law of Contract in Kenya

As seen above, understanding more about Discharging a Law of Contract in Kenya is very crucial for business.

 

 

 

insp 2 300x250 Law of Contract in Kenya

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