Sold a phone to a minor

[MBOMB]

Vile @Simiyu22 amesema, accept the phone but refund 70-75% of the money as the phone is now second hand…and that’s just being fair to them and their kleptomaniac brat…weka model ya phone hapa a villager might buy it.

[Dorantes]

@Micymas

Uko na kesi bro, It is not illegal per se to sell consumer goods to a minor. However, minors typically cannot enter into a contract.

Hapa ata nimeona hakuna kesi bro Kuuza simu is not a contract all do is issue a receipt that is not to mean you have entered into a contract. Is the phone genuine? Yes. Nimemuuzia kitu iko na fault? No.
There’s no legal age restriction ya kununua simu that includes other products that can be harmful or used as weapons such as medicine, a jembe or even a panga. The fact that they can also be used in other constructive ways puts them on no legal age restriction.

There are however products that are categorically restricted to persons under the age of 18 years such as alcohol and cigarettes, a phone is not one of them.

Lakini nimewarefund

[Dorantes]

@Shamsudin

Contracts do not have to be written ama oral. They can be implied like in this case. Another example is ukiingia kinyozi and seat, the moment the barber starts shaving you and you don’t push back, that right there is a contract and you now owe the barber.

I think you should define a contract. Contract ni kitu iko na written agreements on both parties inafaa kua na witnesses pia na nyinyi wote msign. There’s no such agreement/contract we have done. Hakuna kitu kama oral contract pia. Mostly contracts ni ya serious assets kama shamba biashara ama gari ata simu pia ukitaka lakini we did not draft any contract

[Dorantes]

@Simiyu22

Y

You can’t use your mzazis ID to register bana. Hapa sasa ndio angepata shida na makarao. Mambo za fraud. Even in court, what would the minor claim? After all, He took the phone. He can’t say he was robbed. All the courts will do is give the parents back the money and hand back the phone.

You dont need an ID to buy a phone, there is no legal age restriction to buy a phone. Full stop. Ingekua kuna age restriction hungewai tuma mtoto akanune aspirin kwa chemist ama jembe kwa soko

[Shaka]

What we are not told here is how the kid got a sim card, did it also happen in your store as well. If so then kuna shida how you registered him a sim card with no ID.

[Lonely_Lover]

@magreb

Rescission you say?

More like restitution…yaani ku ‘restore’.
But i believe kuna contract because offer and acceptance was fulfilled but enyewe kusema ukweli to be on the safe side as a responsible adult and business person unauliza mtoi unanunua simu wazazi wako wako wapi…enda ukuje nao…umetoa wapi pesa? You ask such.

[Hydra]

Where the minor misrepresented facts to pass as though he is over 18 years, even contractually you are covered. Sema Tu alikuambia anafanya job Naivas or some place in your by the way talk.

[kush_yule_mnono]

@Dorantes

ni minor bro

Kumbuka ni minor bro

There is no law prohibiting selling a communication gadget to a minor. How many times is anyone asked for his date of birth when buying a phone? Only time an ID is required is when registring a SIM card.

[Rene_Descartes]

@Micymas

Uko na kesi bro, It is not illegal per se to sell consumer goods to a minor. However, minors typically cannot enter into a contract. if their guardian says there was no contract, there was no contract. Kubali msolve maneno coz if they are determined they will run you through the wringer. Mwishowe utatoboka au kama wana connections uwekwe ndani. Don’t underestimate or overestimate people. Waambie huwezikubali simu juu ishawekwa sim card but you can organize for someone to buy it as a second had

I would not even bother talk to people like these. I would block them and report the case as blackmail and extortion. let them bring a on a civil case to claim the phone purchase cost. I can even go as far as getting one of them arrested.

[kush_yule_mnono]

@Hydra

Where the minor misrepresented facts to pass as though he is over 18 years, even contractually you are covered. Sema Tu alikuambia anafanya job Naivas or some place in your by the way talk.

Hehe

[Wanaruona]

@Dorantes capitalism hakuna morality. Kenyan being a capitalist unge kaa ngumu. Ukatae kurudisha pesa na uwambie wazazi. Kazi yako ni kuuza simu sio kuchunguza mahali pesa imetoka.

[J_Blackman]

@Dorantes

I think you should define a contract. Contract ni kitu iko na written agreements on both parties inafaa kua na witnesses pia na nyinyi wote msign. There’s no such agreement/contract we have done. Hakuna kitu kama oral contract pia.

Oh, no!
Do you know kila ukiingia asubuhi ya kujupeleka town for a fee kuna contract hapo between you and the matatu operator?
Vile @Micymas amesema kuna kitu kinachoitwa implied contract.
Ni vile tu sina notes za CPA but ndio hii link.
LAW OF CONTRACT KNEC NOTES – MASOMO MSINGI PUBLISHERS [ATTACH=full]403973[/ATTACH]

[Jimjones]

Hakuna kesi here if you did not sell the kid a Sim card. However, cops will find ways to extort cash from you even if he was of age… They can decide to charge you with handling stolen property (cash stolen from the parents), so count your losses and refund them…

[Siko_Twitter]

@Dorantes

receipt

If its Etr receipt ni sawa normal receipt ni bure kwa kesi

[tombayeye]

@Micymas

Uko na kesi bro, It is not illegal per se to sell consumer goods to a minor. However, minors typically cannot enter into a contract.

First off,no binding contract just a receipt,huku hapana america kila phone iko na contract to service providers,the kid might as well bought a packet of milk with 20 thousand bob…which again ,is not illegal,if it were ,i woyld sue everyother kiosk operator from here to vladivostok for selling sweets to kids…which is bad for their teeth by the way and… However it would have been illegal to send advertising material TO a minor to invite him to borrow money, obtain goods or services on credit or otherwise or encouraging him likewise.
Shida inalala na wazazi,@Dorantes ,hapana shtuka,you did not coerce the kid into that purchase,buy back the phone at a fraction. Nimekuulizia kwa mtu yangu na ameniambia hauna makosa. Phones are not illegal unless its ‘hot’

[Jimjones]

@Tom Bayeye

First off,no binding contract just a receipt,huku hapana america kila phone iko na contract to service providers,the kid might as well bought a packet of milk with 20 thousand bob…which again ,is not illegal,if it were ,i woyld sue everyother kiosk operator from here to vladivostok for selling sweets to kids…which is bad for their teeth by the way and… However it would have been illegal to send advertising material TO a minor to invite him to borrow money, obtain goods or services on credit or otherwise or encouraging him likewise.
Shida inalala na wazazi,@Dorantes ,hapana shtuka,you did not coerce the kid into that purchase,buy back the phone at a fraction. Nimekuulizia kwa mtu yangu na ameniambia hauna makosa. Phones are not illegal unless its ‘hot’

This is Kenya, though if the buyer was of age, that aspect of selling the phone to them is in itself a contract… He needs to understand that if it is reported to our corrupt cops, he will have to cough out more cash, regardless whether he was in err or not…

[tombayeye]

@Jimjones

They can decide to charge you with handling stolen property (cash stolen from the parents)

That be the case,its a kid,he cant be charged by court ,so boy wetu “did not handle anything stolen”,remember ,no witness no case:D:D:D

[Jimjones]

@Tom Bayeye

That be the case,its a kid,he cant be charged by court ,so boy wetu “did not handle anything stolen”,remember ,no witness no case:D:D:D

That is true if he did not issue a receipt that is traceable to him… Unless they conspire with the kid to hide the receipt. From his story the parents have the receipt… Either way, we know how it would end if reported to our greedy cops… Both will pay the cops… it does not matter whether there is evidence or not! WTF!

[tombayeye]

@Jimjones

This is Kenya, though if the buyer was of age, that aspect of selling the phone to them is in itself a contract… He needs to understand that if it is reported to our corrupt cops, he will have to cough out more cash, regardless whether he was in err or not…

Ok kwa D minus uko point,but the contract youre talking about is not really admissible but a valid ,albeit general contract like mentioned above,you buy milk and off you go, no binding contractual agreement of after sale service

[Jimjones]

@Tom Bayeye

Ok kwa D minus uko point,but the contract youre talking about is not really admissible but a valid ,albeit general contract like mentioned above,you buy milk and off you go, no binding contractual agreement of after sale service

Cops do not require any documents to extort cash from victims… BTW, do you know how many poor fellows are rotting in jail because if false accusations? Even our A class judges are not any different… We live in a fucked up country… Let him not fight too hard… Ameshikwa kwa balls…