Assessed

ST PAUL’S UNIVERSITY
FACULTY OF BUSINESS AND COMMUNICATION STUDIES
BACHELOR OF BUSINESS ADMINISTRATION

BML 200/ BUSINESS LAW

ASSIGNMENT 1 /ANSWERS

Student ID: BBAMNRB476822

Campus: NAIROBI
Mode: EVENING STUDENT
Name: JOSIAS BARAKA BUJIRIRI

Question 1 (answers):
From this case I think DJ cool have has all right to deal with Emma because first ,we know
that Consideration, I s what must be given in order to make a contract legally binding, and
from this case MARK didn’t yet gave hadn’t yet given DJ COOL any consideration, for the
contract to be binding, and if MARK decided to go and sue DJ COOL, the judge must answer
to some questions because A contract case is usually brought before a judge because one or
both parties claim that the contract has been breached, one of the question that MARK can be
asked is: Did a contract exist? if so, what did the contract require of each of the parties? Was
the contract modified at any point?
From the rules that govern consideration we also know that consideration must be provided
by the promise or any other party which means, as per the desire or request of the promisor.
Meaning that the obligation performed must be according to the promisor’s desire and not of
promise’s own free will or not as per the desire of the third person, and from the case we see
how MARK try to not perform on the Desir of DJ COOL by not paying him the agreed day,
according to the rules of consideration agree that one party forfeits its rights to pursue a legal
claim against another party if this one is accompanied by consideration. And in this case!?
between MARK and DJ COOL nowhere in this case is mentioned that their contract was
accompanied by any consideration because MARK didn’t yet give DJ COOL anything.
even though MARK goes and sues DJ COOL by claiming that he offered more money!?
offering more money does not mean you have right to be contracted, consideration not
necessarily be adequate this means Consideration is not necessarily of a specific value, what
matters is, consideration must be something of value, as per law, which the parties are free to
determine while entering the contract. MARK is in his right to take what EMMA offer him as
long as he is satisfied with that amount, and in the contract parties are free to determine the
appropriate consideration at the time bargain. Correct. Advisedly, always write in short
sentences, as opposed to long ones which are loaded with many propositions.
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