Kakitu!

Tiiga Waana

Tiiga Waana

Elder Lister
Aviator said:
If you're appointed the mediator, what would you recommend?
1) I forget and move on
2) I get full refund
3) FP deliver the goods at her cost when she/it is not raining.
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Your original contract was, dare I say, of the uberrimae fidei category. Translated into old money, that is a contract of utmost good faith.

I also find from the facts presented that @Female Perspective was honest, sincere and as straight as a die when she divulged to you that her season of heavy rains descended upon her without as much as a preview or a warning.
I don’t see any mischievousness or malice on her part.

That being the case I would not recommend litigation as it is expensive and time consuming.
Don’t also forget the fact that the easiest way to make enemies out of friends is to take them to Court.
Furthermore, I doubt you could ever find a Court that would entertain a suit filed for damages amounting to a paltry Ksh 80.

I would therefore propose a non-litigious approach to your current problem in the form of mediation.
Here in the Senate we are lucky to have Men of Integrity and High Moral Standing such as @Field Marshal, @Mwalimu-G, @It's Me Scumbag, @bigDog, @MkukiMoto, @Meria, @Mishale, @mzeiya, @Da Vinci etc etc.
These are men of great wisdom, enlightenment and discernment and will judge your case very fairly and find the right cause of action.
 
MkukiMoto

MkukiMoto

Elder Lister
Tiiga Waana said:
Your original contract was, dare I say, of the uberrimae fidei category. Translated into old money, that is a contract of utmost good faith.

I also find from the facts presented that @Female Perspective was honest, sincere and as straight as a die when she divulged to you that her season of heavy rains descended upon her without as much as a preview or a warning.
I don’t see any mischievousness or malice on her part.

That being the case I would not recommend litigation as it is expensive and time consuming.
Don’t also forget the fact that the easiest way to make enemies out of friends is to take them to Court.
Furthermore, I doubt you could ever find a Court that would entertain a suit filed for damages amounting to a paltry Ksh 80.

I would therefore propose a non-litigious approach to your current problem in the form of mediation.
Here in the Senate we are lucky to have Men of Integrity and High Moral Standing such as @Field Marshal, @Mwalimu-G, @It's Me Scumbag, @bigDog, @MkukiMoto, @Meria, @Mishale, @mzeiya, @Da Vinci etc etc.
These are men of great wisdom, enlightenment and discernment and will judge your case very fairly and find the right cause of action.
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@Tiiga Waana.
I will seek your legal advice/court representation when in trouble.
For a fee not pro-bono services.
Even barristers/lawyers must eat.
I am impressed with your handling of a very delicate subject matter.
 
Field Marshal

Field Marshal

Elder Lister
Tiiga Waana said:
Your original contract was, dare I say, of the uberrimae fidei category. Translated into old money, that is a contract of utmost good faith.

I also find from the facts presented that @Female Perspective was honest, sincere and as straight as a die when she divulged to you that her season of heavy rains descended upon her without as much as a preview or a warning.
I don’t see any mischievousness or malice on her part.

That being the case I would not recommend litigation as it is expensive and time consuming.
Don’t also forget the fact that the easiest way to make enemies out of friends is to take them to Court.
Furthermore, I doubt you could ever find a Court that would entertain a suit filed for damages amounting to a paltry Ksh 80.

I would therefore propose a non-litigious approach to your current problem in the form of mediation.
Here in the Senate we are lucky to have Men of Integrity and High Moral Standing such as @Field Marshal, @Mwalimu-G, @It's Me Scumbag, @bigDog, @MkukiMoto, @Meria, @Mishale, @mzeiya, @Da Vinci etc etc.
These are men of great wisdom, enlightenment and discernment and will judge your case very fairly and find the right cause of action.
Click to expand...
Damn gal, I am impressed.

Now, can a natural penile erection be considered an 'act of God'? And if so, can I invoke 'force majeure' in requesting that you, being my bae, understand my condition and proceed to relieve me of the discomfort thereof, all other factors notwithstanding?

Ingia inbox bae...............
 
Field Marshal

Field Marshal

Elder Lister
Tiiga Waana said:
Your original contract was, dare I say, of the uberrimae fidei category. Translated into old money, that is a contract of utmost good faith.

I also find from the facts presented that @Female Perspective was honest, sincere and as straight as a die when she divulged to you that her season of heavy rains descended upon her without as much as a preview or a warning.
I don’t see any mischievousness or malice on her part.

That being the case I would not recommend litigation as it is expensive and time consuming.
Don’t also forget the fact that the easiest way to make enemies out of friends is to take them to Court.
Furthermore, I doubt you could ever find a Court that would entertain a suit filed for damages amounting to a paltry Ksh 80.

I would therefore propose a non-litigious approach to your current problem in the form of mediation.
Here in the Senate we are lucky to have Men of Integrity and High Moral Standing such as @Field Marshal, @Mwalimu-G, @It's Me Scumbag, @bigDog, @MkukiMoto, @Meria, @Mishale, @mzeiya, @Da Vinci etc etc.
These are men of great wisdom, enlightenment and discernment and will judge your case very fairly and find the right cause of action.
Click to expand...
Brilliant reply. This is the kind of stuff the Senet needs..........
 
Female Perspective

Female Perspective

Elder Lister
Tiiga Waana said:
@Aviator,
A small but powerful legal advice to you. For free, mind you😀

A contract of the nature you had with @Female Perspective where there could be many intervening variables hindering it from happening should ideally have a force majeure clause.

In plain English, this is what we call “An Act Of God “ Clause.
The importance of this clause can not be overstated as it protects both of you from liabilities occasioned by non-performance of a contract due to happenings beyond the parties’ control. eg earthquake, accidents or even kunyesha as in this case.

A force majeure clause would have stipulated how to proceed should an unexpected variable happened making performance impossible at the stipulated time and date.

It could for instance have stated that monies and favours (lunches, dinners, flowers, outings) exchanged be refunded or that performance be postponed to a later date when nyesharing abated
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Thank you my dear sister!
 
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