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Law I Question Paper

Law I

Course:Course In Applied Agricultural Meteorology

Institution: Orbit School Of Management Studies question papers

Exam Year:2006

CPA PART I
LAW I

Answer any FIVE questions.
ALL questions carry equal marks.

QUESTION ONE
a. Define the term "law" and state the main purposes of law. (6mks)

b. Explain the conditions that African Customary law must fulfill in order to be recognized as a source of law in your country (6mks)

c. Outline the advantages of delegated legislation (8mks)

QUESTION TWO
a. Explain the composition and the powers of the Judicial Service Commission in your country (6mks)

b. Highlight the powers of the Business Premises Rent Tribunal (6mks)

c. Describe the functions of the office of the Attorney General in your country (8mks)

QUESTION THREE
a. Distinguish between a corporation sole and a corporation aggregate (4mks)

b. Explain the grounds upon which a court of law may declare a marriage null and void (4mks)

c. In relation to the law of partnerships, highlight the implied authority and duties of a partner in a partnership firm (6mks)

d. The Law generally does not regard an unincorporated association as a legal entity but treats it simply as a group of persons who are individually responsible for the association''s actions (Brown v Lewis 1896).
Explain the exceptions to this rule. (6mks)

QUESTION FOUR
a. Identify the rules which govern the doctrine of consideration. (6mks)

b. "The granting or withholding of a decree of specific performance as a remedy for breach of contract is at the discretion of the court".

Explain the circumstances under which a court of law could decline to grant this decree as a remedy for breach of contract. (8mks)

c. Outline the circumstances under which money paid under a contract marred with illegality would be recoverable. (6mks)

QUESTION FIVE
a. Define the term "land" as used in the law of property. (2mks)

b. In relation to land transactions, explain the meaning of the term "lease" (4mks)

c. Highlight the duties of a tenant towards the landlord in a lease agreement. (8mks)

d. Sharon, a tenant of Jane spent Sh. 50,000 on repairs to the house she is currently occupying as a tenant.
Jane has now refused to refund Sharon the money on the grounds that she did not expressly authorise the repairs. Sharon argues that the lease agreement gave her authority to undertake the repairs.
Discuss the legal position of the parties and advise them. (6mks)

QUESTION SIX
a. Outline the liabilities of joint and several guarantors under the law of guarantee. (6mks)

b. David obtained a loan of Sh. 1,000,000 from Fidia Bank Ltd. Greg was the guarantor for David. Greg has discovered that Fidia Bank Ltd. has allowed David to increase his loan amount to Sh. 2,000,000 without his authority.

Explain the effect that this variation of loan amount will have on Greg''s liability as a guarantor (6mks)

c. Miss Tourism Africa placed her golden crown worth Sh. 500,000 in a safe deposit box at Wananchi Bank Ltd. The safe deposit vault of the bank was later broken into and the golden crown stolen.

Explain the legal position of the bank with regard to the theft and advise Miss Tourism Africa. (8mks)

QUESTION SEVEN
a. State and explain any four types of legacies. (8mks)

b. F issued a cheque of Sh. 200,000 to his daughter D to enable her complete her university education where she had an outstanding fee balance of Sh. 100,000. D would then use the remaining amount to take care of her daughter G who is still in secondary school.

However, D realising that she was terminally ill, endorsed the cheque and gave it to her daughter G.

In addition, D gave her savings account book and a certificate of deposit to G.

D died two months later.

Determine whether a valid donatio mortis causa (a gift in contemplation of death) was constituted in respect of the following items:

i. The cheque of Sh. 200,000 (4mks)
ii. The savings account book (4mks)
iii. The certificate of deposit (4mks)

QUESTION EIGHT
a. Discuss the legal principles which govern limitations of actions in tort (8mks)

b.
i. Distinguish between trespass and conversion (4mks)
ii. Explain the circumstances under which trespass to persons would be justified under law (8mks)

Law I Question Paper

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