Browsing by Author "Kyomugisha, Kurusumu"
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- ItemThe effectiveness of consumer protection in Uganda area of study Kampala(Kampala international University, School of Law, 2013-06) Kyomugisha, KurusumuThe study will investigate the effectiveness of consumer protection in Uganda/ the Laws in place aimed at consumer protection for example the Uganda National Bureau Standard Act Cap 32~ The Weight and Measures Act Cao 103, National Drugs Authority Act Cap 206, The Foods and Drugs Act Cap 278/ Contract Act; among others/ the bodies/ institutions which enforce consumer protection in Uganda like the Uganda National Bureau of Standar~ National Drugs Authori~ Uganda Consumer Protection Association/ Uganda Communication Commission and other sector like the Transport Sector. The study will help to investigate the problems faced by consumers/ the available solutions put in place and the recommendations. The study will also help investigate how government policies should help in solving the current problems faced by consumers/ the enforcement of the in place. The study will investigate the impact of the Jaws on consumer protection in helping to consume goods of quality and good services and also protect them from exploitation from distributors/ manufacturers like in the case of Donoghue v Stevenson lord Atkins described a consumer as one who is directly affected by the manufacturers act in relation to such product that he sells in such a form as to show the intendeds to reach the ultimate consumers in the form in which they left him. This study will help to sensitize ignorant consumers of their rights and how to enforce them and the remedies available to the aggrieved consumers. This study will conclude on how consumer’s rights will be protected and enforced in order to save the lives of innocent consumers from dangerous products from risks.
- ItemThe enforcement of bank guarantee as a form of security: an examination of the law and practice in Uganda(Kampala International University, School of Law, 2015-07) Kyomugisha, KurusumuThe research study looked at the general introduction of banking in Uganda, the back ground, how it evolved from pre-independence to the present date of banking, it also looked at the nature, creation and performance of bank guarantee. The study looked at the guarantee as a form of security, its essential requirement being consideration, agreement and intention to create legal relation, capacity to give a guarantee, the requirement of writing, it looked at different ways of discharging a contract of guarantee that is by payment, release of the principal debtor, by agreement to give time, by material variation of principal contract, by material variation of contract discharge in legal position of parties, discharge by an act or omission by creditor, determination by notice, by death and mental incapacity or bankruptcy. The study investigated on the vitiating elements in a contract of guarantee that is mistake, fraud, misrepresentation and non-discloser, unconscionable transactions, duress, and undue influence, all of these elements can lead the contract of guarantee void or voidable. The research study looked at the analysis of the available remedies to the aggrieved parties and the effect of a bank guarantee under family set up,Report on third party guarantee and family relationships highlight the potential dangers for guarantors that a raise out of misunderstanding the document or the transaction Research confirms that many guarantor sign without an understanding of the nature of the transaction. Guarantors experience both factual and legal misunderstanding about the transaction as a result of misrepresentations, failure to read or understand the documents, lack of business experience and different cultural expectation. The laws in place should be amended so that they state the clear laws that govern the parties under the contract of guarantee and they should spell out the extent of liability for party in a contract of guarantee, a final protective mechanism is to draft the scope of liability of the original guarantee in such a way as to encompass future agreements on substantially different terms. The usual ‘all moneys’ clause is the obvious mechanism. Yet the lender may find considerable resistance from the guarantor to the use of the clause in this context since it is not really a proper description of his initial obligation, which is a guarantee of a specific facility.Finally the research analyzed the recommendations and conclusions of the study.