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Law I Question Paper

Law I

Course:Cpa Part I

Institution: Orbit School Of Management Studies question papers

Exam Year:2009

Orbit School of Management Studies

Law I

Answer any FIVE questions.

QUESTION ONE
a. Explain the meaning of the following types of judicial precedent:
i. Original precedent (2mks)
ii. Declaratory precedent (2mks)
iii. Distinguishing precedent (2mks)

b. Outline the circumstances under which customary law is applicable in the law courts (6mks)

c. Distinguish between the following set of terms:
i. Substansive law and procedural law (4mks)
ii. Law and morality (4mks)

QUESTION TWO
a. Describe the composition and jurisdiction of Kadhi''s court (6mks)

b. Explain the powers of the Business Premises Rent Tribunal (8mks)

c. Summarise the disadvantages of legislation as a source of law (6mks)

QUESTION THREE
a. Explain four essential elements of a valid contract (8mks)

b. In relation to the law of contract, distinguish between "innocent misrepresentation" and "fraudlent misrepresentation" (4mks)

c. Melany entered a boutique and picked some clothes, shoes and a handbag which she intended to buy. On reaching the pay point, she realised that she had forgotten her credit card at home and had no liquid cash to pay for the items. She left all the items in the trolley and started walking out of the boutique. The shop attendant stopped Melany at the exit door and demanded that Melany should say for the items. Melany called her workmate who came and paid for the items on her behalf.

Melany feels that she had no obligation to pay for the items and that her rights had been infringed.
Explain the legal principles applicable in this case and advise Melany (8mks)

QUESTION FOUR
a. Explain the circumstances under which a court of law would grant an order for the dissolution of a partnership (10mks)

b. Mr. and Mrs. Mapesha are in a partnership business. They own and maintain an apartment building. Susan, a tenant, occupies one of the apartments in the building.

On 2 January 2009, Mrs. Mapesha asked Susan to pay her December 2008 rent which was outstanding. Susan refused to pay the rent on the grounds that some repairs had not been undertaken in her apartment as promised by Mrs. Mapesha.

On 5 January 2009, Mrs. Mapesha made a second demand of the rent from Susan in the absence of Mr. Mapesha but Susan declined to pay again. Mrs. Mapesha confronted Susan and assaulted her causing bodily harm.

Susan intends to sue both Mr. and Mrs. Mapesha.

Explain the legal principles applicable in this case and advise Susan. (10mks)

QUESTION FIVE
a.
i. In the context of the law of contract, highlight the circumstances under which a court of law would decline to grant an injuction against a defendant (6mks)

ii. Explain the concept of equitable assignment of contractual rights (6mks)

b. Discuss the concept of anticipatory breach and the remedies thereunder (8mks)

QUESTION SIX
a. Explain the ways in which leases may be terminated (10mks)

b. Summarise the various interests that could be registered against a title (10mks)

QUESTION SEVEN
a. In relation to the law of succession, explain the following:

i. Testamentary succession (2mks)
ii. Intestate succession (2mks)
iii. Partial testacy (2mks)
iv. Demonstrative legacy (2mks)
v. Vested legacy (2mks)

b.
i. Outline two characteristics of a will (2mks)
ii. Explain the various ways in which the testamentary gifts may fail (8mks)

QUESTION EIGHT
a. Using relevant case law, discuss the legal principles governing liability in the law of tort (12mks)

b. Abdi owns Magreb Game Ranch Ltd., where he keep wild animals. In February 2009, one of the lions from his ranch escaped and mauled a cow belonging to Hassan, who lives near the ranch.

Hassan has approached you for legal advice.

Citing relevant case law, advise Hassan (8mks)

Law I Question Paper

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