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Commercial And Administrative Law Question Paper

Commercial And Administrative Law

Course:Diploma In Business Administration

Institution: Mombasa Technical Training Institute question papers

Exam Year:2011

MOMBASA TECHNICAL TRAINING INSTITUTE
DIPLOMA IN BUSINESS ADMINISTRATION
COMMERCIAL AND ADMINISTRATIVE LAW
END OF TERM II EXAMINATION JULY 2011
TIME:3 Hrs
INSTRUCTIONS:Attempt any five of the following questions.

1.a) Explain the circumstances when a mistake will vitiate a contract (8 marks)

b) Shakila offers two vehicles for sale. Jairo and Mbone call in response to the advertisement. Jairo, who says that he is a well known businessman, agrees to buy the first car and gives Shakila a cheque for the purchase price. Mbone says he is a well known musician and wishes to hire the second car for a forthcoming event. Shakila accepts a cheque for the price and signs, without reading what she believes to be a contract for hire..It is in fact a contract for sale.Both Jairo and Mbone are then allowed to drive away the cars.The cheques have now been dishonoured and Shakila seeks your advice.

i)Explain the legal principles applicable in this case
ii)Advise Shakila (12 marks)

2.a) In relation to the law of Agency explain:
i) the meaning of the term factor;
ii) the powers that may be exercised by a factor (10 marks)

b) Pendo instructs Pesa, an agent, to sell his car. Pendo subsequently withdrew Pesa`s authority but Pesa goes ahead and sells the car to Neguse. Pendo wishes to recovery the car from Neguse who has declined to surrender the car.Pendo aggrieved and approaches you for legal advice.

i)Explain the legal principles applicable in this case
ii)Advise Pendo

3.a) In relation to Partnership Act, outline six duties that relate to utmost good faith owed by a partner to other partners (12 marks)

b)Expalain four provisions of the Hire Purchase Act that relate to completion of agreements. (8 marks)

4.a) In relation to the law governing the sale of goods, explain the rules which govern the conduct of auction sale (10 marks)

b) Explain the remedies that are available to the buyer when the seller has been in braech of a contract of sale of goods. (10 marks)

5.a) In relation to the Law of Bankruptcy, explain the disabilities of an undischarged Bankrupt. (10 marks)

b) Explain five circumstances under which a bill of exchange may be discharged. (10 marks)

6.a) Outline ten disadvantages of the use of administrative tribunals in the resolution of disputes (10 marks)

b) Discuss the doctrine of separation of powers as existing in any country of your choice (10 marks)

7.a) The Commissioner of Police has powers to prohibit entertainment events under the Public Order Act Cap 56, Laws of Kenya.
Explain five ways by which the Commissioner may prohibit such events (10 marks)

b) In relation to the Law of Property, explain five points of distinction between Joint and Common Ownerships. (10 marks)

Commercial And Administrative Law Question Paper

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