Introduction to Law::Pastpapers


 November 2001

Answer any FIVE Questions. ALL questions carry equal marks.
_______________________________________________________________________________________

QUESTION ONE

(a)Define the term “statute” and outline three categories of bills that may be presented to parliament to be enacted into law. (5 marks)

(b)Discuss the limitation of Islamic Law as a source of Law. (4 marks)

(c)Distinguish between ratio decidendi and obiter dicta. (4 marks)

(d)Name the criticism’s that have been leveled against delegate legislation as a source of law. (4 marks)

(e)State three circumstances under which the president may exercise prerogative of mercy. (3 marks).
(Total: 20 marks)

QUESTION TWO

(a)Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions are deemed void if contained in a hire purchase agreement.
Identify and explain five such provisions. (5 marks)

(b)Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo Rahisi Ltd., a hire purchase firm last year. The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000 and the balance was payable by monthly instalments of Sh. 5,000. After paying instalments for six months, he defaulted.Malipo Rahisi ltd. Promptly repossessed the goods.
Discuss the legal position. (10 marks)

(c)One of the principal duties of an agent is expressed by the maxim “delegates non potest delegare.”State and identify five circumstances under which this rule or maxim does not apply. (5 marks)
(Total: 20 marks)

QUESTION THREE

(a)Explain the ways in which a Partnership may be dissolved without a court order.
(6 marks)

(b)State how the equitable principle of utmost good faith is manifested in the daily operations of a partnership. (6 marks)

(c)Beeky and Beth entered into a partnership selling girls’ clothing under the registered name of ‘Girlie.’ Becky, without consulting Beth set up a boy’s clothing shop under the registered name “BOYZ Clothes” while retainingher partnership with ‘Girlie’. This has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky admission to the firm’s premises and will not discuss the position with Becky.
Beth wishes to dissolve the partnership and would like Becky to account for profits she has derived from ‘BOYZ Cloths.”.
Advise Beth. (8 marks)
(Total: 20 marks)

QUESTION FOUR

(a)Certain types of mistakes in the formation of a contract may affect the validity of a contract. Discuss this statement explaining the mistakes. (6 marks)

(b)What is meant by the expression “contractual capacity”? Illustrate your answer with use of appropriate examples. (4 marks)

(c)Inspector Sniff offered a reward to anyone who would assist in giving information that could lead to the arrest and subsequent conviction of Rastara, a “most wanted car jacker” in the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole Ndume who did not know of the reward volunteered information to Inspector Sniff and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt of the reward. He seeks your legal advice on whether he can successfully claim the reward.
Advice Ole Ndume. (10 marks)
(Total: 20 marks)

QUESTION FIVE

(a)Describe the various ways in which co-ownership of property may be terminated.
(6 marks)

(b)Explain the main characteristics of easements. (6 marks)

(c)Karanja has been a tenant in Wamalwa’s house for the last three months. The parties had executed a lease for a period of one year. However, Wamalwa is aggrieved as Karanja has broken all the doors in the house following several fights with his wife.
Wamalwa now seeks your advice on the various ways in which he may terminate the lease agreement and lawfully evict Karanja.
Advise Wamalwa. (8 marks)
(Total: 20 marks)

QUESTION SIX

(a)(i)Explain the legal principal in the Rule in Rylands Vs. Fletcher. (4 marks)
(ii)Explain the defences available to a person sued in an action brought against him under this rule. (6 marks)

(b)Jambazi sneaked into Cassman Green’s compound with the intention of breaking into his car and stealing a radio cassette. As he was walking towards the car park, he fill into a pit which Green had dug to construct a water reservoir. As a result Jambazi was seriously injured.
Jambazi now seeks your legal advice as to whether he can successfully sue Green.
State the legal principles applicable to the above facts and advise Jambazi. (10 marks)
(Total: 20 marks)

QUESTION SEVEN

(a)Describe the ways in which a valid written will may be revoked. (6 marks)

(b)Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa” take effect? (6 marks)

(c)Ann made an oral will while admitted at No Hope Medical Centre. She bequeathed all her property to her mother. However, her mother who had gone to see Ann in hospital died in a road accident as she was going back home. Ann has learnt of her mother’s death and seeks your advice as to whether she can bequeath the same property to anyone else. Advice Ann. (8 marks)
(Total: 20 marks)

QUESTION EIGHT

(a)State and explain the duties of a bailee in a bailment contract.(6 marks)

(b)What are the circumstances under which a principal may be estopped from revoking an agent’s authority? (4 marks)

(c)Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua dismissed Emmah but did not inform Mrs. Cool of Emmah’s dismissal.
After her dismissal, Emmah collected Sh. 50,000 from Mrs. Cool on behalf of Mrs. Mutua. Mrs. Mutua has demanded the Sh. 50,000 from Mrs Cool who has refused to pay as she had already paid Emmah. Mrs Mutua intends to sue Mrs Cool.
Advise Mrs. Mutua. (10 marks)
(Total: 20 marks)

May 2002

Answer ANY FIVE Questions. All questions are allocated each marks.

QUESTION ONE

(a)In relation to sources of law in your country:
(i)State and explain four reasons for delegated legislation. (8 marks)
(ii)Explain four circumstance under which African customary law will be applicable in the courts. (8 marks)

(b)Outline two types of classification of law. (4 marks)
(Total: 20 marks)

QUESTION TWO

(a)In relation to the structure of courts in your country.
(i)Explain the composition and jurisdiction of the Court of Appeal. (6 marks)
(ii)What is the composition and powers of the industrial court? (8 marks)
(b)Name the courts that have jurisdiction to hear the following cases and give reasons for your answer.
(i)A trial for murder. (2 marks)
(ii)A divorce case involving Asha and Mohammed both who confess Islamic faith.
(2 marks)
(iii)An appeal case by Yusuf who has been convicted by a Chief Magistrate’s court for committing a robbery with violence and sentenced to death. (2 marks)
(Total: 20 marks)

QUESTION THREE

(a)In relation to the Sale of Goods Act:
(i)Explain four rules that govern delivery of goods. (8 marks)
(ii)Outline the circumstances under which the unpaid seller may exercise his right of lien. (6 marks)

(b)Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods were displayed in three different lots. However, Ndolo bid for the goods under a mistaken belief that he was bidding for all the goods. Eventually. When he went to collect the goods, he found only one lot reserved for him. Ndolo is aggrieved and seeks your legal advice.
Advise him. (6 marks)
(Total: 20 marks)

QUESTION FOUR

(a)In relation to the Law of Agency, explain five circumstances under which an agent may be held personally liable to third parties. (10 marks)

(b)Raju appointed Kariuki to transport fresh fish from Mombasa to Nairobi. As Kariuki was preparing to leave Mombasa to Nairobi, it rained heavily and the Thange River Bridge was swept off. As a result, Kariuki chartered a flight to Nairobi to deliver the fish as he feared the fish would go bad and he was unable to immediately contact Raju. However, upon arrival in Nairobi and delivery of fish, Raju refused to reimburse Kariuki charges for the flight Kariuki intents to sue Raju.
Advice him. (10 marks)
(Total: 20 marks)

QUESTION FIVE

In relation to the Law of Contract
(a)Explain five essentials of a valid contract. (10 marks)

(b)Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to give him Sh. 10,000 which she did. Jackson then introduced Jacinta to Tajiri and Tajiri promised to marry Jacinta in case his wife who was by then very ill in hospital passed away.However, Tajiri’s wife Juliana underwent a successful surgery and fully recovered from the illness. Tajiri has now refused to marry Jacinta.
Jacinta is aggrieved and wishes to sue Jackson and Tajiri.
Advise her. (10 marks)
(Total: 20 marks)

QUESTION SIX

(a)In relation to the Law of Contract, explain six ways in which a contract may be discharged. (12 marks)

(b)Janet and Mary entered into a contract in which Janet was to sell a car to Mary, for Sh. 250,000. Unknown to the parties, the car which had been parked at John’s garage had been burnt down that morning following a fire outbreak at the garage. Mary had paid Janet Sh. 100,000 as deposit. She now intends to sue Janet for breach of contract
Advise Janet. (8 marks)
(Total: 20 marks)

QUESTION SEVEN

(a)Explain four types of endorsement that may be made on a bill of exchange.(8 marks)
(b)Alex is a customer at Pesa Bank. Three days ago, he visited the bank and complained that he had noticed from his bank statement that three unauthorized withdrawals had been made and his account debited. Investigations reveal that the withdrawals were made by Charles. Alex’s office messenger who stole Alex’s cheque book made out the payments and subsequently forged Alex’s signature.
Explain the legal position of Pesa Bank. (12 marks)
(Total: 20 marks)

QUESTION EIGHT

(a)Outline four duties of a common carrier. (8 marks)

(b)Explain the legal principles that govern double insurance of goods. (4 marks)

(c)In relation to the law of Succession, explain the factors that he court will consider when making provisions for dependants not provided for in a will.(8 marks)
(Total: 20 marks)
 

 November 2002

Answer ANY FIVE Questions. All Question are allocated equal marks.
_______________________________________________________________________________________

QUESTION ONE

(a)Law is described as a body of rules for guidance of human conduct which is imposed upon and enforced among the citizens of the state. Discuss (6 marks)

(b)Most of the legal systems have their origins in ancient customs of the nation. Customs could therefore be said to be the oldest source of law. However, in order to gain recognition and enforcement by the courts, the particular custom should have certain characteristics. State and explain these characteristics.(6 marks)

(c)One of the recognized sources of law in a country are the are the Acts of Parliament.Explain the advantages of Acts of Parliament as a source of law.(8 marks)
(Total: 20 marks)

QUESTION TWO

On the grounds of public policy and in order to preserve and protect the cherished right of freedom of speech, certain statements which may be defamatory are protected by law. The public interest in free speech is allowed to override the private right of interest of a person whose reputation has been injured.
(a)Define the term “defamation” and indicate the forms which defamation can take.
(4 marks)

(b)Explain in detail the occasions when a statement would enjoy privilege and hence not actionable in court. (12 marks)

(c)Explain the four essential aspects of the defence of fair comment in an action for defamation. (4 marks)
(Total: 20 marks)

QUESTION THREE

(a)With reference to a contract of sale of goods, explain the implied conditions on the part of the seller. (6 marks)

(b)Explain the exceptions to the “nemo dat” rule. (6 marks)

(c)A contract of sale of goods by sample between Ben and Sally provided that payment of the goods was to be made on arrival against the shipping documents.
Ben, who is the buyer, paid for the goods before he had the opportunity to examine the goods. Later, on examinations, Ben found that the bulk of the goods did not correspond with the sample. Explain in detail whether Ben can reject the goods.
(8 marks)
(Total: 20 marks)

QUESTION FOUR

(a)Define a ‘pledge’ and distinguish a pledge from a mortgage. (3 marks)

(b)Explain the main characteristics of a pledge. (4 marks)

(c)Discuss the ways in which a pawn can be redeemed. (8 marks)

(d)Describe the remedies of a legal mortgage. (5 marks)
(Total: 20 marks)

QUESTION FIVE

A will is a declaration made by a person during his lifetime, of his intention concerning disposal of his property after his death. In relation to wills:
(a)Explain the characteristics of a valid will. (3 marks)

(b)Describe the formalities of a valid will. (6 marks)

(c)Explain the ways in which a will can be revoked. (8 marks)

(d)Give details of the duties of a personal representative. (3 marks)
(Total: 20 marks)

QUESTION SIX

(a)Illustrate three ways in which property may be acquired. (3 marks)

(b)Give details of four types of tenancies. (4 marks)

(c)Terry is a tenant of Lucas under a lease agreement signed and executed by both parties. At the time of signing the lease, Lucas had promised Terry that he would repair a window which had broken. A year has lapsed and the window is not yet repaired.
In the meantime, Lucas has been constructing a house next to the house occupied by Terry. He has been using Terry’s compound as a storage for timber and other construction materials.
Terry has been under constant disturbances by the builders requiring her to open the gate so that the building materials, could be bought in and taken out. This has made the compound dirty and noisy.
Terry seeks to know the rights which would protect her against these inconveniences under the lease agreement. Advise her. (8 marks)

(d)Explain ways in which a lease may be determined. (5 marks)
(Total: 20 marks)

QUESTION SEVEN

(a)Citing examples, write brief notes on the following:
(i)Contracts which must be under seal. (4 marks)
(ii)Contracts which must be in writing. (4 marks)
(iii)Contracts which must be evidenced in writing. (4 marks)

(b)Explain the contents of the memorandum required as evidence of a contract. (8 marks)
(Total: 20 marks)

QUESTION EIGHT

The fundamental rights and freedoms of the individual are guaranteed by the constitution but are subject to respect for the rights and freedoms of others and for public interest.
With reference to life, liberty, security of the person and protection of law:
(a)Explain circumstances when a person shall not be regarded as having been deprived of his life in contravention of the provisions of the Constitution if he dies as a result of the use of force. (4 marks)

(b)Cite instances when a person shall be lawfully deprived of personal liberty.
(16 marks)
(Total: 20 marks)

 May  2003

answer five questions

QUESTION ONE

(a)A statute may have a provision whose meaning is not clear. It is then the duty of the court to interpret it.In relation to the above statement, detail the rules that govern such statutory interpretation. (8 marks)

(b)Distinguish a criminal wrong from a civil wrong. (6 marks)

(c)(i)Explain the meaning of judicial precedent. (2 marks)
(ii)State two forms of judicial precedents. (4 marks)
(Total: 20 marks)

QUESTION TWO

(a)Describe the composition and jurisdiction of the High Court of Kenya or your country. (8 marks)

(b)Explain the establishment and jurisdiction of the Rent Tribunal.(6 marks)

(c)Describe the role of the office of the Attorney General in the prosecution of criminal offences. (6 marks)
(Total: 20 marks)

QUESTION THREE

(a)In numbered paragraphs, distinguish between the following:
(i)Statutory corporations and limited companies. (6 marks)
(ii)A memorandum of association and articles of association. (8 marks)

(b)Define the term prospectus and explain the contents of a prospectus. (6 marks)
(Total: 20 marks)

QUESTION FOUR

(a)Giving illustrations, explain the postal rules that govern offer and acceptance where contracts are communicated and concluded through post. (8 marks)

(b)Saida planned to stage a big band concert and engaged a number of eminent musicians.She paid each musician 10% of the agreed fee at the time the separate contracts were made. Five days before the concert, Saida was informed that three of the musicians Yvonne, Omar and Mike would not appear. Yvonne could not come as she was bed ridden with acute bronchitis. Omar was unable to attend the concert as his country was engaged in war and Mike could not show up because his fees was not large enough.Saida was concerned and feared that the concert would be a failure. Saida therefore decided to cancel the concert. Saida seeks your advice on her legal rights against the three musicians.
Advise Saida. (12 marks)
(Total: 20 marks)

QUESTION FIVE

(a)State and briefly explain the characteristics of joint tenancy. (6 marks)

(b)(i)Explain the term “freehold interest in land.” (4 marks)
(ii)Stanley leased his house at Highlands Gardens to Oliver.The lease agreement was signed by both parties and the lease was to run for a period of two years. Stanley has been having domestic problems with his wife.Recently, Stanley’s wife stormed into the premises lease to Oliver and threatened to evict him and his family if they did not vacate the leased premises.Oliver has not breached any of the terms of the lease agreement and is aggrieved.
Advise Oliver on his legal rights and the remedies available to him. (10 marks)
(Total: 20 marks)

QUESTION SIX

(a)State and explain four types of legacies. (8 marks)

(b)Paul wrote a will and bequeathed all his property to his wife Nina. Two years later, Paul was diagnosed as suffering from a terminal disease. He blamed it on his wife Nina and then called his friends Mark and Matthew and verbally told them in case he died before Nina, she should not inherit his property, instead all his property should be inherited by his mother Tina. Paul died three weeks ago and Nina has sought to inherit his property under the will, but Paul’s mother has vehemently resisted Nina’s claim.
Discuss the legal position of Nina and Tina. (12 marks)
(Total: 20 marks)

QUESTION SEVEN

(a)Distinguish between the seller’s right of lien and the right of stoppage in transitu. (8 marks)

(b)Explain the legal consequences of non-registration of a hire-purchase agreement.
(4 marks)

(c)Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for payment it was dishonoured and returned marked “R.D.”. It now transpires that when the bank clerk was checking on Stephane’s balance he checked on the wrong account and as a result the cheque was dishonoured under a mistaken belief of lack of funds.
Explain Stephane’s rights against the bank. (8 marks)
(Total: 20 marks)

QUESTION EIGHT

(a)Explain the rights of an undisclosed principal in an agency relationship.(6 marks)

(b)Describe the rules that govern limitation of actions in tort. (4 marks)

(c)Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the petrol caught fire and burnt the whole station and injured several people.
Mpole the proprietor of the petrol station seeks your advice on whom he can sue.
Advise Mpole. (10 marks)
(Total: 20 marks)

 November 2003

 Answer any five questions.

QUESTION ONE

(a)A statute may have a provision whose meaning is not clear. It is then the duty of the court to interpret it.In relation to the above statement, detail the rules that govern such statutory interpretation. (8 marks)

(b)Distinguish a criminal wrong from a civil wrong. (6 marks)

(c)(i)Explain the meaning of judicial precedent. (2 marks)
(ii)State two forms of judicial precedents. (4 marks)
(Total: 20 marks)

QUESTION TWO

(a)Describe the composition and jurisdiction of the High Court of Kenya or your country. (8 marks)

(b)Explain the establishment and jurisdiction of the Rent Tribunal.(6 marks)

(c)Describe the role of the office of the Attorney General in the prosecution of criminal offences. (6 marks)
(Total: 20 marks)

QUESTION THREE

(a)In numbered paragraphs, distinguish between the following:
(i)Statutory corporations and limited companies. (6 marks)
(ii)A memorandum of association and articles of association. (8 marks)

(b)Define the term prospectus and explain the contents of a prospectus. (6 marks)
(Total: 20 marks)

QUESTION FOUR

(a)Giving illustrations, explain the postal rules that govern offer and acceptance where contracts are communicated and concluded through post. (8 marks)

(b)Saida planned to stage a big band concert and engaged a number of eminent musicians.She paid each musician 10% of the agreed fee at the time the separate contracts were made. Five days before the concert, Saida was informed that three of the musicians Yvonne, Omar and Mike would not appear. Yvonne could not come as she was bed ridden with acute bronchitis. Omar was unable to attend the concert as his country was engaged in war and Mike could not show up because his fees was not large enough.Saida was concerned and feared that the concert would be a failure. Saida therefore decided to cancel the concert. Saida seeks your advice on her legal rights against the three musicians.
Advise Saida. (12 marks)
(Total: 20 marks)

QUESTION FIVE

(a)State and briefly explain the characteristics of joint tenancy. (6 marks)

(b)(i)Explain the term “freehold interest in land.” (4 marks)
(ii)Stanley leased his house at Highlands Gardens to Oliver.The lease agreement was signed by both parties and the lease was to run for a period of two years. Stanley has been having domestic problems with his wife.Recently, Stanley’s wife stormed into the premises lease to Oliver and threatened to evict him and his family if they did not vacate the leased premises.Oliver has not breached any of the terms of the lease agreement and is aggrieved.
Advise Oliver on his legal rights and the remedies available to him. (10 marks)
(Total: 20 marks)

QUESTION SIX

(a)State and explain four types of legacies. (8 marks)

(b)Paul wrote a will and bequeathed all his property to his wife Nina. Two years later, Paul was diagnosed as suffering from a terminal disease. He blamed it on his wife Nina and then called his friends Mark and Matthew and verbally told them in case he died before Nina, she should not inherit his property, instead all his property should be inherited by his mother Tina. Paul died three weeks ago and Nina has sought to inherit his property under the will, but Paul’s mother has vehemently resisted Nina’s claim.
Discuss the legal position of Nina and Tina. (12 marks)
(Total: 20 marks)

QUESTION SEVEN

(a)Distinguish between the seller’s right of lien and the right of stoppage in transitu. (8 marks)

(b)Explain the legal consequences of non-registration of a hire-purchase agreement.
(4 marks)

(c)Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for payment it was dishonoured and returned marked “R.D.”. It now transpires that when the bank clerk was checking on Stephane’s balance he checked on the wrong account and as a result the cheque was dishonoured under a mistaken belief of lack of funds.
Explain Stephane’s rights against the bank. (8 marks)
(Total: 20 marks)

QUESTION EIGHT

(a)Explain the rights of an undisclosed principal in an agency relationship.(6 marks)

(b)Describe the rules that govern limitation of actions in tort. (4 marks)

(c)Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the petrol caught fire and burnt the whole station and injured several people.
Mpole the proprietor of the petrol station seeks your advice on whom he can sue.
Advise Mpole. (10 marks)
(Total: 20 marks)

 December 2005

Answer any five questions.

QUESTION ONE

(a)Name and briefly explain five categories of civil law. (5 marks)
(b)Describe the limitations of common law which led to the development of the doctrines of equity. (5 marks)
(c)Distinguish between a consolidating statute and a codifying statute. (4 marks)
(d)Under the doctrine of judicial precedent, judges are said to make law.
Explain the issues contained in a judgement. (6 marks)
(Total: 20 marks)

QUESTION TWO

(a)Describe the composition and jurisdiction of the Court of Appeal in your country.
(6 marks)
(b)Identify the various orders or writs which the High Court may issue when exercising its supervisory jurisdiction. (4 marks)
(c)Describe the principles and presumptions that the courts use in the interpretation of statutes. (10 marks)
(Total: 20 marks)

QUESTION THREE

(a)Distinguish between a company limited by shares and a company limited by guarantee. (3 marks)
(b)Explain the advantages of a partnership as opposed to a limited liability company. (6 marks)
(c)Explain the duties and rights of a limited partner. (6 marks)
(d)State five circumstances that may lead to the dissolution of a partnership.
(5 marks)
(Total: 20 marks)

QUESTION FOUR

Mr. A, a car dealer sells second hand cars. On Thursday last week, he placed an advertisement in a daily newspaper which stated the following:
“Once in a lifetime, opportunity to own a one year old Nissan Caravan, low mileage, Kshs. 500,000 cash. The offer is valid for only one day and the car will go to the first person who accepts it.”
When Mr. B saw the advertisement, he immediately posted a letter of acceptance of Mr. A’s offer.
Mrs. C also saw the advertisement and came to inspect the car after which Mrs. C offered Mr. A a cheque of Kshs. 500,000. However, Mr. A refused to accept the cheque stating that another potential buyer had already offered to buy the car.
Later in the day Ms D, another interested buyer telephoned Mr. A informing him that she was willing to buy the car but asked Mr. A if he would keep the offer open until she could go to her bank to obtain a loan. Mr. A accepted the request. However later, in the day, Mr. E, another potential buyer said that he would pay Sh. 600,000 in cash for the car. Mr. A agreed to sell the car to Mr. E.
On Monday morning, Mr. A received Mr. B’s letter of acceptance. At the same time, Mr. E returned to complete the transaction. However, in the afternoon Mr. E telephoned Mr. A to say that he had second thoughts and he no longer wished to purchase the car.
Citing relevant decided cases where applicable, explain the legal principles in the case in relation to:
(a)Mr. A (4 marks)
(b)Mr. B (4 marks)
(c)Mrs. C (4 marks)
(d)Ms. D (4 marks)
(e)Mr. E (4 marks)
(Total: 20 marks)

QUESTION FIVE

(a)Explain the duties of an agent to his principal. (6 marks)
(b)Outline the conditions implied in a contract of sale of goods.(6 marks)
(c)Explain the rights and duties of the owner of goods in a hire-purchase agreement. (8 marks)
(Total: 20 marks)

QUESTION SIX

(a)Define the term “dependant” (2 marks)
(b)State the formalities of a valid written will. (4 marks)
(c)State the order of priority in which a deceased’s property is distributed where he dies intestate leaving no spouse or children. (4 marks)
(d)Highlight the circumstances under which a grant of representation may be revoked as provided for under the Law of Succession Act (Cap. 160) Laws of Kenya. (10 marks)
(Total: 20 marks)

QUESTION SEVEN

(a)Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself)(6 marks)
(b)In relation to the law of tort, explain the following rules:
(i)Reasonable foreseeability. (4 marks)
(ii)Egg shell skull (4 marks)

(c)Peter Ole Yang, while driving his car down Valley View road suddenly realized the brakes of the car had failed. Unable to stop the car he crashed into a motor vehicle driven by James Kagio, damaging James Kagio’s motor vehicle and injuring him.
Advise Peter Ole Yang as to his civil liability. (6 marks)
(Total: 20 marks)

QUESTION EIGHT

(a)In relation to the law of property:
(i)Enumerate the characteristics of a joint tenancy. (4 marks)
(ii)State the various ways in which a lease agreement may be determined.(6 marks)

(b)Distinguish between the following:
(i)Real property and personal property. (6 marks)
(ii)Legal interests and equitable interests. (4 marks)
(Total: 20 marks)

December 2010 

ALL questins carry equal marks.

QUESTION ONE

A) Discuss the significance of the rule of law in a society 10 marks
b) briefly explain the types of baill that ma be dicussed in plaiament 4 marks
c)explain the disdvantage of statute law as a source of law 6marks total 20 marks.

QUESTION TWO.

a} summarise the requirements for a prson to be eligible for apointment as a hig court judge in kenya. 4 marks
b)in relation to dispute resolution higligt the advantage of tribunals over courts 4 marks
c) describe for types of writs that the high court may issue to asubbodiante court, tribunal and administative authorities 8 marks
c) citing examles explin the principles of naural justice 4 marks TOTAL 20MARKS

QUESTION THREE

a) 1. distinguish between a tort and a crime 4 marks
2. explain the elemets of tort 6 marks
b) absolom joho contracted the service of mbala contractors limited to put up afive
storey bulding in tangazo town.the contractor commenced work but the build collppsed before completion injuring a number of people.
the inured people have now instituted legal proceedings against absolom joho seeking copmpnsetory darmages. explain the legal pinciples applicable in thiscase and advise absolom joho 10 marks total maks 20

QUESTION FOUR

a)In the context of contract law, explain the categories of contract that are considered illigal on the grouda that they are opposed to public policy. 10 marks
b) eplain factors tha may vitiate a contract that is otherwise valid 10 marks
total 20 marks

QUESTION FIVE

A) Discuss the rules thet govern the pasing of property from the buyer to the seller under the sale of goods act. 10 marks
b) explin the ways in which avalid agency may terminate by operatyion of law 10 marks
total 20 marks.

QUESTION SIX

A) in relation tonegotiable instrumentsexplain the duties of the customer to the banker 4 marks
b)outline the conditions a person must meet in oder to be avalid holder of a negotiable instrument. 4 marks
c) explain the instances when the authority of the banker to py a cheque drawn by a costumer terminates/ 12 marks
total mraks 20

QUESTION SEVEN.

A) explain the conditions ones invention must meet before registering a patent 10 marks
b)explin the various forms of inrest the future interets in land may take. 10 marks
total 10 marks.

 May 2011

Answer any FIVE questions. All questions carry equal marks.

QUESTION ONE

a) i) Explain the term “international law”. (2 marks)
ii) Summarise eight matters that are dealt with under international law. (8 marks)
b) i) Explain two categories of judicial precedent. (4 marks)
ii) Discuss three disadvantages of judicial precedent as a source of law in your country. (6 marks)

QUESTION TWO

a) i) Explain the meaning of the term ‘arbitration’. (4 marks)
ii) Explain three advantages of arbitration as a form of settlement of disputes over the court process. (6 marks)
b) Discuss the constitutional concept of separation of powers in your country. (10 marks)

QUESTION THREE

a) Janet Rama, a business lady, sent a telephone message to Mary kale a fellow business lady, accusing her of ”stealing” her clients. The message contained abusive words to the effect that Mary kale was ” a witch “who uses “herbs” and “witchcraft” to lure customers to her saloon and boutique. In addition to sending the message to Mary kale, Janet Rama sent the same message to several customers of Mary kale. As a result, Mary kale has lost many of her customers and her business is threatened with closure. All the contents of the message were false. Mary kale has come to you for legal advice. required:
i) Explain to Mary kale the term “defamation”. (4 marks)
ii) Advice Mary kale on her legal right, if any. (8 marks)
b) The general rule is that motive is irrelevant in the law of tort for purposes of liability. Explain the exception to this rule. (8 marks)

QUESTION FOUR

a) Highlight the rule that govern the capacities of parties to enter into legally binding contracts. (6 marks)
b) Citing relevant case law, explain four rules governing remoteness and the measure of damages in the law of contract. (8 marks)
c) Describe three conditions necessary for valid ratification of a contract. (6 marks)

QUESTION FIVE

a) Explain four conditions which are implied in every contract covered by the sale of goods Act. (8 marks)
b) Analyse two circumstances under which a seller’s right of lien might be terminated. (4 marks)
c) Any person who has been appointed to represent another in dealings with third parties is an agent .there are however persons who regularly act for others in business transactions as professional agents. Discuss four examples of professional agents. (8 marks)

QUESTION SIX

a) i) Explain the term “hire purchase”. (2 marks)
ii) Nura Kara entered into a hire purchase contract with Ujuzi traders regarding a sewing machine. The hire purchase price of the sewing machine was sh. 10.000. Nura Kara has paid a total of sh. 8,000 but is facing financial difficulties and is in arrears for two months. The hire purchase company has repossessed the machine. Nura Kara is aggrieved. Explain the legal principles applicable in this case and advise Nura Kara. (6 marks)
b) discuss six rules governing presentment for payment of a bill of exchange. (12 marks)

QUESTION SEVEN

a) In relation to the law of property, describe five characteristics of copyright. (10 marks)
b) Discuss five legal remedies of a mortgagee against a defaulting mortgagor. (10 marks)

November 2011

Answer any FIVE questions ALL questions carry the same marks.

QUESTION ONE

(a) Distinguish between a public bill and a Private Bill. (8 marks)
(b) Describe the procedure followed in your country before a bill becomes law. (12 marks)
(Total: 20 marks)

QUESTION TWO

(a) Discuss any three rules used in the interpretation of statutes. (6 marks)
(b) State six human rights that are guaranteed in the constitution of your country. (6 marks)
(c) With reference to the principle of separation of powers, explain the importance of the independence of the judiciary.
(8 marks)
(Total: 20 marks)

QUESTION THREE

(a) Differentiate between libel and slender. (6 marks)
(b) Bird Muli employed Jones Koki as a courier in his office. Last week Bird Muli, unable to trace his cheque book in the
Office locked up Jones Koki in the office on suspicion that he might have stolen the cheque book. Bird muli then
Left to call the police.

On his way to the police station, Bird remembered that he had left his cheque book at home with his wife Terry
Muli. He then returned and opened the door for Jones Koki.

Jones Koki is aggrieved and seeks your advice.

Explain how legal processes applicable in the above case and advise Jones Koki. (8 marks)


(c) Justify the needs for insurance. (6 marks)
(Total: 20 marks)

QUESTION FOUR

(a) In relation to internal contracts of sale, briefly explain the following;

(i) Cost, insurance and Freight (CIF) contracts.0 (4 marks)

(ii) Free alongside ship (FAS) contracts (4 marks)

(iii) Ex-ship contracts. (4 marks)

(b) Discuss the rules that govern sale by auction. (8 marks)
(Total: 20 marks)


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QUESTION FIVE

(a) Part payment of a debt is generally not regarded as consideration for a premise not to use for the balance of the debt as
Was decided in pinnel’s case.

Briefly explain the exceptions to this rule. (6 marks)

(b) Misrepresentation is deemed to be a vitiating factor in the law of contract.

(i) Define the term ``misrepresentation”. (2 marks)

(ii) Define the three types of misrepresentation. (6 marks)

(c) With the aid of a decide case, explain the meaning of the term ``privity of contract”. (6 marks)
(Total: 20 marks)

QUESTION SIX

(a) Differentiate between an incorporated body and an unincorporated body (4 marks)

(b) Kamunya and Mucheru wish to enter into a partnership to carry out their joint business venture.

Advise them on the following:

(i) Contents of a partnership deed.

(ii) Particulars to be furnished to the registrar of business names for purposes of registration of a business name.
(5 marks)

(c) Briefly outline any three parties to a bill of exchange. (6 marks)
(Total: 20 marks)

QUESTION SEVEN

(a) Makanyanga Obiero, an author of great renown, passed on 40 years ago having authorized several text books. In his
Will, he gave a copyright of the books to his son Amka Tuende who died five years after the death of his father.
Amka Tuende bequeathed the copyright to his daughter Ednah who is considering resigning from her employment and
Live off the copyright royalties.

Advice Ednah on the legal principles which govern payment of royalties on copyright. (4 marks)

(b) In relation to the law of property, explain the following terms:

(i) Simple mortgage. (4 marks)

(ii) Foreclosure. (4 marks)

(c) Describe any four duties that an agent owes the principal. (8 marks)
(Total: 20 marks)


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May 2012

Answer any five questions.

QUESTION ONE

(a) Argue the case for delegated legislation.(6 marks)
(b) In relation to administrative law, explain four modes of judicial control over subordinate courts and tribunals.(8 marks)
(c) Highlight the circumstances under which a court might set aside an award.(6 marks)

QUESTION TWO

(a) Ambrose Mpaka employed Bernard Mpole, an independent contractor to undertake some excavation work on his land. In the process, a greenhouse belonging to Eli Jirani, a neighbor was damaged by the debris from the excavations. Eli Jirani’s employees took advantage of the situation and looted all the plants from the greenhouse.
Eli Jirani is aggrieved and seeks your legal advice as to whether he could successfully sue Ambrose Mpaka. Advise Eli Jirani on the legal principles applicable in the above case (12 marks)

(b) Explain the defenses available to an occupier, who is sued by a person injured with the occupier’s premises. (8 marks)

QUESTION THREE

(a) Explain the term promissory note. (2 marks)
(b) Explain the characteristics of negotiable instruments (10 marks)
(c) Presentment for payment is essential for all bills. If a bill is not presented, a drawer and endorser are discharged but the acceptor is not discharged. Presentment must therefore be done at the proper place.
Discuss the rules for determining the proper place for purposes of presentment. (8 marks)

QUESTION FOUR.

(a) An offer is a promise which when accepted constitutes an agreement. It may be terminated by revocation, counter offer, or lapsing. Discuss four ways in which an offer could lapse (4 marks)
(b) The general rule is that silence cannot constitute a misrepresentation. A party to a contract is therefore under no duty to disclose all material facts.
Explain the exceptions to this rule. (8 marks)
(c) Peter Manu a manufacturer, entered into a contract to make 10,000 candles for Paul Mwadali, a wholesaler. Paul issued an order to Peter for the supply of the candles. Subsequently, there was a major power blackout which lasted for three days thereby affecting the operations at Peter Manu’s processing plant. In addition, Peter Manu’s machine broke down due to the power blackout after he had made 8,000 candles. Peter has submitted a claim to Paul for payment for the 8,000 candles. Paul has refused to pay Peter on the grounds that the contract is not fully executed.
Explain the legal principles applicable in the case and advise Peter Manu. (8 marks)

QUESTION FIVE.

(a) Explain the rules governing the passing of risk in a sale of goods contract. (8 marks)
(b) Highlight the circumstances under which an agent would be allowed to delegate his authority. (4 marks).
(c) An agent will usually act within his authority, but if the relationship with his principal is well established, he may occasionally act outside the authority if he feels the principal will subsequently ratify the agent’s action. Discuss the effects of subsequent ratification of an unauthorized act by the principal. (8 marks)

QUESTION SIX

(a) Explain the meaning of the term “hire purchase agreement”. (4 marks)
(b) Outline the legal effects on non-registration of a hire purchase agreement. (6 marks)
(c) Jean Jipapa insured his ship against any losses while lying at Mombasa port for a sum of 10 million with BADCE Insurance Company Limited .He further insured the same ship with Deep Sea Insurance Company Limited for a similar amount. Subsequently, the port caught fire and the ship was badly damaged. The estimated cost of repair of the ship is 5 million. Jean Jipapa has lodged a claim for compensation from both insurance companies.
Explain the legal principles in the case and advise Jean Jipapa. (10 marks)

QUESTION SEVEN.

(a) With reference to property law:
(i) Explain the term “servitudes” (2 marks)
(ii) Discuss the essential characteristics of an easement (8 marks)
(b) Winy Kay and Evans Jay have been long term friends. They have decided to form a partnership but do not want to be governed by a partnership agreement. Explain to Winy Kay and Evans Jay the rights and duties of partners in a partnership with no partnership agreement. (10 marks)