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Law Question Paper

Law

Course:Diploma In Human Resource Management (Human Resource Management)

Institution: Machakos University question papers

Exam Year:2005

1. (a) In relation to law of agency, explain four fiduciary duties of an agent towards a principal. [8 marks]

(b)) Rita paid Ksh 200 to watch a play in a theatre. She was given a ticket which contained the following statemet:

"The management shall not accept responsibility for any injury caused to any visitor or loss or damage to the property of any visitor."

While she watching the play, Rita's seat broke and she was seriously injured. She now claims compensation from the management of the theatre. The theatre management has refused to admit liability relying on the clause on the ticket. With reference to the law of contract:-

(i) Explain the legal principles applicable in this case. [8 marks]

(ii) Advise Rita. [4 marks]

2. (a) Mr. Ali, who had been discharged from hospital, could not afford to pay his medical bill. He pledged his car with Mr. Boit who gave him Ksh. 50,000 to settle the bill. After two weeks Mr. Ali paid Mr. Boit the money and took back the car only to discover that the rear lights had been smashed due to careless use of the car by Mr. Boit. Mr. Ali is aggrieved due to damage inflicted on his car. He seeks your advise.

(i) Explain the legal principles applicable in this case. [8 marks]

(ii) Advise Mr. Ali. [2 marks]

(b) In a trading partnership, a prtner has implied authority to perform some functions on behalf of the firm. Explain five such acts under which partner has an implied authority to perform. [10 marks]

3. (a) With respect to the Sale of Goods Act (Cap 31), explain:

(i) the circumstances when an unpaid seller may have the right to re-sell the goods. [6 marks]

(ii) the circumstances under which the right of lien to goods may be lost. [6 marks]

(b) Wafula obtained goods on a hire-purchase agreement from Ebenezer Credit Traders. Upon taking delivery, he breached certain terms of the said agreement. In relation to this statement, advise Ebenezer Credit Traders on the possible remedies the court may award them. [4 marks]

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