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  1. An Act of Parliament to apply the English common law of contract to Kenya, with certain modifications 1. Short title. This Act may be cited as the Law of Contract Act. 2. English law of contract to apply in Kenya.

  2. The capacity of the corporations to contract is defined by law e.g. a statutory corporation has capacity to enter in transactions set out in the statute as well as those reasonably incidental thereto.

  3. Act. 3.1.7 Contractual Capacity of Corporations. The courts have developed what is known as the doctrine of “ultra vires” in order to determine the contractual capacity of legal persons or corporations. The gist of the doctrine is that a body corporate’s contractual capacity is limited to the attainment of objects

  4. English law of contract to apply in Kenya. Save as may be provided by any written law for the time being in force, the common law of England relating to contract, as modified by the doctrines of equity, by the Acts of Parliament of the United Kingdom applicable by virtue of subsection.

  5. knecnotes.co.ke › 2022/05/10 › the-law-of-contract-notesTHE LAW OF CONTRACT NOTES

    10 Μαΐ 2022 · Under the Contract Act (Cap. 23), contracts in Kenya are governed by the common law of England relating to contracts as modified (interalia) by “the general statutes in force in England on 12th August 1897.

  6. As a general rule, every person has a capacity to enter into any contractual relationship. However, in practice, the law of contract restricts or limits the contractual capacity of certain classes of persons namely; Infants or minors. An infant is bound by any contract for the supply of such necessaries.

  7. For example, Kenya Ports Authority is established under the Kenya Ports Authority Act, and so it can only legally enter into contracts contemplated under that statute. The contractual capacity of a registered company is defined by the object clause of its memorandum of association.

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