Commercial And Administrative Law Question Paper

Commercial And Administrative Law

Course:Diploma In Business Administration (Business Administration)

Institution: Eldoret Polytechnic question papers

Exam Year:2006

1 (a) Explain FIVE exceptions to the doctrine of privity of contract.(10marks)
(b) Explain FIVE implied terms in a Hire-Purchase Agreement.(10marks)

2 (a) Explain FIVE circumstances under which a partnership may be terminated by a court order.(10marks)
(b) Kariuki entered into a contract with Otieno whereby Otieno was to supply Kariuki with 500kg of Basmati rice.Otieno delivered to Kariuki 500kg of Sindano rice.
Kariuki is aggrieved and comes to you for legal advice.
(i)Explain the legal principles involved.
(ii) Advice Kariuki.(10marks)

3.(a) In relation to the Law of Negotiable Instruments, explain THREE advantages of bills of exchange.(6marks)
(b) Explain FOUR rights of a common carrier under the Law of Carriage of goods.(8marks)
(c) Explain THREE circumstances when a contract of Guarantee will be automatically discharged.(6marks)

4 (a) In relation to the Law of Property, explain FOUR way in which ownership may be acquired.(8marks)
(b) Explain THREE ways in which a dispute may be referred to arbitration.(6marks)
(c) Milimo took a life policy with Maisha Insurance Company.When taking the policy, he concealed the fact that he had contracted the AIDS virus.Six months later he died of AIDS.Maisha Insurance Company which does not cover cases of terminal illness have learned about it and they have come to you for legal advice.
(i) Explain the Legal principles involved.
(ii) Advice Maisha Insurance Company.(6marks)

5 (a) In relation to the Law of Agency,explain FIVE circumstances when an agent may delegates his power.(10marks)
(b) Wandera appointed Kobole Transporters to transport milk from Eldoret to Nakuru . Instead Wandera took the milk to Nairobi where he hoped to fetch moremoney. Wandera is aggrieved and seeks legal advice
(i) Explain the legal principles involved
(ii) Advice Wandera(10marks)

6.(a) Explain FIVE advantages of delegated legislation .(10marks)
(b) In relation to adminstrative law,explain FIVE disadvantages of administrative tribunals.(10marks)

7.(a) Explain the applicability of the rule of law in Kenya.(10marks)
(b) Explain FIVE remedies that can be granted by court in the enforcement of fundamental rights and freedoms of an individual.(10marks)

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