Things that cannot be sold
There are various things which cannot be sold in the Kenya sale of goods law.Res extra commerciumare among them. Numerous rules of statutory and common law prohibit the sale of certain things, often on grounds of public policy.
For example, the common law does not sanction the sale of a person (slavery), and statute prohibits the sale of human tissue, and of many narcotics, chemical substances and so forth.It is also quite clearly impossible to purchasea thing that never existed.
The most extreme example would be the putative sale of a mythical or fictitious object. Justinian says:Anything, whether moveable or immoveable, which admits of private ownership, may be made the object of a stipulation; but if a man stipulates for the delivery of a thing which either does not or cannot exist, such as [...] an impossible creature, like a hippocentaur, the contract will be void
What Cannot Be Sold Under The Kenya Sale of Goods Law
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