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Dba 302· Business Law Ii Question Paper

Dba 302· Business Law Ii

Course:Bachelor Of Commerce

Institution: University Of Nairobi question papers

Exam Year:2012

INSTRUCTIONS:
1. Answer any THREE Questions.
2. All questions carry EQUAL marks.

Question One
(a) Discuss various ways in which a Partnership may be dissolved. (15 marks)

(b) Mwaura, Kimathi and Kuria carried on business in partnership. Kimathi was convicted of a tax fraud. Kuria wishes to dissolve the partnership on this ground but Kimathi opposes dissolution by arguing that his conviction for tax fraud had no connection with the partnership.

Advice Kuria on the legal position. (10 marks)

Question Two
(a) Examine the rules on passing property from the seller to the buyer. (15 marks)

(b) Mutula delivered a TV set and DVD player to Marangu on sale or return basis. Marangu pledged the TV set and DVD player with Onyango, a pawn broker. Mutula sued Onyango to recover the TV set and DVD player from him but Onyango refused to give them to Mutula.

Advice Mutula on the legal position. (10 marks)

Question Three
(a) One of the basic requirements of the contract of insurance is that the insured must have an insurable interest in the subject matter of the contract otherwise the contract is void.
Discuss the validity of this statement. (12 marks)

(b) Winnie, who is living with her sister Wanjiru, insured the life of her sister Wanjiru for Kshs. 1,000,000 with Pearl Assurance Co. After one year Wanjiru died of a sudden heart attack. Winnie claimed insurance money on the ground that Wanjiru was unemployed and was doing all household work for her.

Advice Pearl Assurance Co. on the legal position. (13 marks)

Question Four
Discuss the following:
(a) The nature of a Hire Purchase Agreement. (10 marks)

(b) Requirements of a Hire Purchase Agreement. (8 marks)

(c) Assignment of the hirer's right. (7 marks)

Question Five
(a) Discuss how a partnership differs from other profit sharing arrangements. (10 marks)

(b) Critically examine various terms implied by the Sale of Goods Act under every contract of sale. (15 marks)

Question Six
Write explanatory notes on any TWO of the following:

(a) Creation of Partnership. (12 marks)

(b) Nature of Contract of Insurance. (12 marks)

(c) Role of Finance Company in Hire Purchase transaction. (12 marks)

Dba 302· Business Law Ii Question Paper

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