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Browse our 1 legal question about Contract in Kenya and the lawyer answers, or ask your own questions for free.
The field of Contract Law in Nairobi, Kenya encompasses legal investigations regarding the creation, execution, and enforcement of agreements between parties. The Kenyan legal system, a by-product of the English common law system, bases its contract law primarily on the Contract Law Act, which was enacted in 1960. This particular enactment applies throughout Kenya with all contracts, including those made in Nairobi.
Contractual disputes or unclear terms can often require legal intervention. Instances where you may need legal help include breach of contract, interpretation of contract terms, disputes concerning contractual obligations, contract enforcement, and cases of fraud, duress or undue influence during contract formation. A lawyer specializing in contract law can provide much-needed assistance and protect your rights in these situations.
The Kenyan Contract Law Act is the primary legislation overseeing contractual agreements. This law emphasizes that a valid contract must include mutual consent, consideration (something of value), lawful terms, and competent parties. Breach of contract can result in remedies such as damages, specific performance, or cancellation and restitution.
In the Kenyan contract law, consideration refers to something of value given by one party in return for something from another party. It's an integral element of a valid contract, enforcing a promise or an action.
While most contracts are often written for clarity and enforcement purposes, oral contracts can also be legally binding, but they may be more challenging to enforce in case of disputes.
Breach of contract refers to the failure to fulfil an obligation or promise made within the contract. It can attract different remedies under the Contract Act, including damages.
Competent parties are those legally eligible to enter a contract. They include individuals above the age of 18, who are of sound mind and aren't disqualified by any law from contracting.
Whether you can terminate a contract without facing legal consequences depends on the details of the contract, including any clauses regarding termination. It's advisable to seek the assistance of a contract lawyer in such situations.
Additional resources include the Law Society of Kenya, a professional body for advocates in the country, The Association of Professional Societies in East Africa (APSEA) and the Kenyan Legal & Ethical Issues Network on HIV and AIDS (KELIN). These bodies offer directories of lawyers, educational resources, and often have programs to provide legal aid.
If you need legal assistance, the first step is often to consult with a lawyer specializing in contract law. They can provide advice tailored to your situation, help you understand your rights and obligations, and guide you through any necessary legal processes. In addition, they can negotiate on your behalf, and represent you in court if needed.
