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Bcom 301: Business Law I Question Paper
Bcom 301: Business Law I
Course:Bachelor Of Commerce
Institution: Chuka University question papers
Exam Year:2012
CHUKA UNIVERSITY
COLLEGE
UNIVERSITY EXAMINATIONS
THIRD YEAR EXAMINATION FOR THE AWARD OF DEGREE OF
BACHELOR OF COMMERCE
BCOM 301: BUSINESS LAW I
STREAMS: BCOM Y3S1 TIME: 2 HOURS
DAY/DATE: TUESDAY 11/12/2012 2.30 P.M – 4.30 P.M.
INSTRUCTIONS:
1. Answer question One and any other Two.
2. Marks may be lost for illegibility.
3. Do not write anything on the question paper.
QUESTION 1:
(a) Kenya, as a nation, has many sources of law. Some are home grown while others are foreign. Briefly discuss three such sources which are received. [5 marks]
(b) For a contract to be binding on the parties’ at least five elements must never be lacking. Discuss any of these five elements. [10 marks]
(c) You have been freshly employed as a tutorial fellow in the commerce department of Chuka University College. Required: define law to the business law class, in order to make them understand it. [6 marks]
(d) Negligence is one of the common torts in business law. What is it? [4 marks]
(e) Three weeks ago the High Court delivered a judgment in a case in which Peter was accused of mutiny in the Kenya Armed Forces. Having been convicted of the offence, he thinks the judgment was very unfair. He has come to you to advise him, do so, by stating with explainary the nature of the court which found him guilty before the High court also did. [5 marks]
QUESTION 2:
(a) James Jackson died on the 10th day of last month. He left a written will which is being said to be invalid. Under what circumstances would the argument of those challenging it stand? [5 marks]
(b) The case of Solomon v. Solomon and Company ltd (1897) imports an important principle in Business Law. Restate the principle and discuss its basic meaning. [5 marks]
(c) Bett called on last week complaining that Mrs. Mwangi had breached a contract they had entered into for sale of a house in Chogoria. What three remedies are open to him?
[10 marks]
QUESTION 3:
(a) Define what is meant by “consensus ad idem”. [3 marks]
(b) Consideration is “some right, interest, profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility given or suffered or undertaken by the other”, Currie vs Misa, LR10EXCH.153. What are the rules which relate to this important contract principle? [14 marks]
(c) Donald wanted to buy a success card from Beatrice’s shop at Ksh 70/=. He wrote to her an e-mail saying “I am coming on Friday to pick the card which I saw at your shop. I will pay Ksh 65/= as I pick it, if I do not hear from you by tomorrow, I consider the card mine”. Beatrice did not reply the mail. She actually sold the card to Tom on Thursday at noon. Donald wants to sue Beatrice. Advise him. [3 marks]
QUESTION 4:
(a) Discuss any defense available to a defendant newspaper company trading in news dissemination when faced with a suit of defamation. [10 marks]
(b) We have several ways in which a contract of employment can be terminated, explain.
[5 marks]
(c) A young boy ran away from his father’s home and the father issued pamphlets announcing thus: “anybody who finds trace of the boy and brings him will get
Ksh 10,000”. X saw this boy near a railway station and promptly took him to the railway police station an then sent a telegram to the boy’s father that he had found the missing son. Was X to be rewarded? Decide this citing the relevant case law. [5 marks]
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