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Law I Question Paper

Law I

Course:

Exam Year:2004

KENYA ACCOUNTANTS AND SECRETARIES EXAMINATIONS BOARD

CPA PART I

LAW I

FRIDAY: 26 November 2004 Time Allowed: 3 Hours

ANSWER any FIVE questions ALL questions carry equal marks

QUESTION ONE
With reference to the nature and classification of law, differentiate between the following:

(a) Constitutional and administrative law. [4 marks]
(b) Codification and consolidation. [4 marks]
(c) Civil burden of proof and criminal burden of proof. [4 marks]
(d) Statute law and judicial precedent. [4 marks]
(e) Law of succession and law of trust. [4 marks]
(Total: 20 marks)

QUESTION TWO
(a) Exxplain the principle in the rule in Dunlop Pneumatic Tyre Co. Vs. Selfridge & Co. Ltd. (1915) and the exceptions thereof. [12 marks]
(b) Mr. Jumbe, who was vying for the national chairmanship of a political party, engaged Mr. Musika, a local musician to perform in a series of campaign meetings. The political rallies were scheduled to be held at the Wazalendo Stadium. Mr. Jumbe paid Mr. Musika fifty thousand shillings as part payment for the performance fee.
Explain the legal position, if before the rally was held:
(i) The dais and seats at Wazalendo Stadium are burnt down and the rallies have to be cancelled. [4 marks]
(ii) Mr. Musika is found guilty of being in possession of narcotics and selling it to minors. He is arrested and sentenced to a one year jail term. [4 marks]
[Total: 20 marks]

QUESTION THREE
In relation to the law of property:
(a) Distinguish ownership from possession. [4 marks]
(b) Explain the ways in which ownership can be acquired. [6 marks]
(c) Discuss the ways in which a person can lose ownership. [6 marks]
(d) Distinguish choses in action from choses in possession giving examples of each. [4 marks]
(Total: 20 marks)

QUESTION FOUR
(a) Define the term "domicile" and citing examples, explain three types of domicile. [10 marks]
(b) Outline the categories of persons eligible to be naturalised as citizens of your country. [5 marks]
(c) Under what circumstances may a person who is a citizen under naturalisation or registration be deprived of citizenship? [5 marks]
(Total: 20 marks)

QUESTION FIVE
(a) In relation to the law of succession, explain the following:
(i) Doctrine of survivorship. [2 marks]
(ii) Administrator cum testamento annexo. [2 marks]
(iii) Administrator pendente lite. [2 marks]
(b) Section 31 of the lwa of succession Act provides that a gift made in the contemplation of death shall be valid despite there being be no transfer.
Explain the conditions which have to be fulfilled before such gifts can be valid. [10 marks]
(c) Define a mutual will and list the requirements which must be met to make its doctrine operate. [4 marks]
(Total: 20 marks)

QUESTION SIX
(a) With reference to the Occupiers Liability Act:
(i) Define an occupier. [2 marks]
(ii) Explain its main provisions in relation to liability of a person visiting a premises. [8 marks]
(b) Advise an occupier whose employee, a window cleaner was injured when a window pane he was cleaning was shattered. [4 marks]
(c) Outline the general defences available to the occupier against liability to a trespasser. [6 marks]
(Total: 2o marks)

QUESTION SEVEN
(a) Distinguish a special agent from a general agent. [4 marks]
(b) Ratification is where the principal adopts an unauthorised act of his agent as his own.
What are the conditions which must be fulfilled for ratification to be effective? [8 marks]
(c) What are the duties of a principal towards the agent? [8 marks]
(Total: 20 marks)

QUESTION EIGHT
(a) Define the term sources of law and outline the main sources of law. [6 marks]
(b) What are the advantages and disadvantages of judicial precedent? [8 marks]
(c) Explain the requirements which local customs should fulfil in order to gain registration and enforcement by the courts. [6 marks]
(Total: 20 marks]

Law I Question Paper

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