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Industrial And Commercial Law Question Paper

Industrial And Commercial Law

Course:Diploma In Supplies Management (Supplies Management)

Exam Year:2008

DIPLOMA IN SUPPLIES MANAGEMENT PART II
INDUSTRIAL AND COMMERCIAL LAW
INSTRUCTIONS TO CANDIDATES
This paper consists of TWO parts: I and II
Answer FIVE questions, choosing at least TWO questions from each part.
This paper consists of 3 printed pages.
Candidates should check the question paper to ascertain that all the pages are printed as indicated and no questions are missing.
PART I
1.(a) In relation to the industrial court of Kenya, explain:
(i) its composition (4 marks)
(ii) its functions (6 marks)
(b) Explain the duties of an employer toward an employee under a contract of employment.(10 marks)

2.(a) In relation to the Factories Act, explain five provisions relating to protection of women and young persons.(10 marks)
(b) Outline five contents of a general register kept by factories under the Factories Act.(10 marks)

3.(a) In relations to the Trade Union Act, registered trade unions are required to file annual returns with the Registrar of Trade Unions. Explain the contents of such returns.(10 marks)
(b) Tom and Susan are employed as machine operators by Works Limited. Tom has worked for the company for two years while Susan has worked for one year. Susan argues that since they are doing the same job, they should earn equal salary. She intends to bring an action against the company for equal pay.
Advise Works Limited on the defences that may be available to them should Susan bring an equal pay claim.(10 marks)

PART II
4.(a) In relation to the law of contract, explain circumstances when a mistake will vitiate a contract.(10 marks)
(b) Explain five essential elements of a valid contract.(10 marks)

5.(a) James appoints Mary as his agent to sell cars on his behalf. Mary sells a car to Tony without disclosing that she is an agent. Tony pays the price of the car but it is not delivered to him. Tony is aggrieved and seeks your legal advice.
Explain the respective rights of James and Tony under these circumstances.(12 marks)
(b) In relation to the law of agency, explain how an agency relationship may come to an end by act of the parties.(8 marks)

6.(a) In relation to the law of insurance, explain the following principles:
(i) Uberimma Fidei
(ii) Insurance interest
(i) Indemnity
(ii) Subrogation(8 marks)
(b) In relation to the law of carriage:
i) explain the circumstances under which a common carrier may refuse to carry goods offered to him;(6 marks)
ii) outline three features that distinguish a common carrier from a private carrier.(6 marks)

7.(a) In relation to the law of carriage, explain the circumstances when a possessory lien may be extinguished.(8 marks)
(b) Outline the category of persons who may exercise a maritime lien.(8 marks)
(c) State four rules regarding a auction sales.(4 marks)

Industrial And Commercial Law Question Paper

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