8/6/2019 fred exam
1/4
B BARO
CODE-CAOO29
Q 1. There is no generally acceptable definition of the word
law; Different
schools of law define it in different ways. Thus Woodrow
Williston has defined law in
words That portion established thought and habit which has
gained distinct and
formal recognition in the shape of uniform laws barked by
authority and power of
government.
There are various different classifications of law that are
found in Uganda.
That is substantive of law which is the substance that makes up
a law. It is the
meaning of a law that explains what you can and cannot do.
Procedures of laws are just the steps that must take place when
filing a
lawsuit against another party.
Public law which simply means that the government is involved.
Public law isany law that has to do with the constitution and the
public.
Private laws are laws that do not involve the government and are
laws that
allow one private entity to sue another private entity in a
civil lawsuit.
Criminal law is a body of law involving the state against
individuals (including
Inco-prorated organizations) where the state relies on the power
given it by
statutory law.
Civil law is the branch of law dealing with disputes between
individuals and/
organizations in which compensation may be awarded to the
victim.
Civil law as opposed to criminal law is the branch of law
dealing with disputes
between individuals. Which includes the law of torts, contract
law, property law,
administrative law, commercial law, and any other private
matters that involve
private parties and organizations including government
departments. It may also
include both common law and the law of equity.
The sources of law in Uganda include;
Statutory laws namely act of parliament made through
legislation.
Common law and doctrines of equity which are systems of law
whose sources arethe decisions in cases by judges which was
inherited by the common healthy
nations Uganda inclusive. That was developed in England
Case law delivers from cases in the courts of Uganda that are
binding to
the lower courts of judicature.
8/6/2019 fred exam
2/4
From Wikipedia, the free encyclopedia. i
Q. 2
A contract is a legally enforceable agreement between two or
more parties
with mutual obligations which may or may not take elements in
writing.
The essential of valid contract includes the mutual assent that
is typically reached
through offer and acceptance where one party makes an offer for
an arrangement
that another accepts. Consideration which is something of value
given by
apromissor to apromisee in exchange for something, the parties
must take capacity
to contract, the purpose of the contract must be lawful, the
form of the contract
must be legal and finally the parties must consent with an
intention to create a legal
relationship.
The concept of capacity to contract is one of the essentials of
a valid
contract. It determines who can enter into a contract. Both
parties entering into a
contract must take the capacity or be competent to a contract.
Thus minors and the
mentally incompetent take the legal capacity to enter into a
contract and all other
are generally assumed to take full power to bind themselves by
entering into a
contract
In Uganda the legal age for entering into a contract is 18 and
the test for
mental capacity is weather the party understood the nature and
consequences of
the transaction in question.
1995-2011 The electric law.
Discharge of a contract is the termination of a contractual
obligation oncourt orders (via an order of discharge) or mutual
agreement, or caused by breach
of contract, frustration of contract, performance of
contract.
Or discharge of contract is the act of making of contract or
agreement
null when the rights and obligation arising out of a contract
are extinguished.
Discharge by mutual consent arises where the parties to the
contract
by their further agreement or consent agree that the contract
may be terminated
either by express or implied consent.
Discharge by performance which takes place when the parties to
the
contract fulfill their obligations arising under the contract
with in the terms of the
contract.
Discharge by breach of contract arises when a party to a
contract
breaks of obligation which a contract imposes and the innocent
party or a party not
in breach can treat the contract as discharged
