Strathmore Business School Cpa Part I (Cpa) Law 1  Question Paper

Exam Name: Law 1 

Course: Cpa Part I (Cpa)

Institution/Board: Strathmore Business School

Exam Year:2004

MAY 2004

Answer any FIVE questions.

QUESTION ONE
(a) Explain the difference between:
(i) Public and private law. (4 marks)
(ii) Procedural and substantive law. (4 marks)
(b) The constitution provides that when a bill has been passed by the National Assembly it shall be presented to the President for assent.

Explain the stages that a bill shall go through before it comes into operation as an Act of Parliament. (12 marks)
(Total: 20 marks)

QUESTION TWO
A contract is an agreement which is enforceable by the law.
(a) What are the prerequisites of a valid contract? (6 marks)
(b) Explain the validity of the following contracts entered into by Rita, aged 16 years:
(i) A contract of apprenticeship as a hairdresser with Esther. (3 marks)
(ii) A contract of purchase share in Medium Mayenne Company Ltd. (4 marks)
(iii) A contract with Mrs. Bwisa Nyutu, a taxi driver to visit her mother in hospital. (4 marks)
(iv) A guarantee by Mrs. Kimani and Miss Tomno for an overdraft with a bank.
(3 marks)
(Total: 20 marks)

QUESTION THREE
(a) Explain four defences which may be offered by a defendant to an action for trespass to the person. (8 marks)
(b) Mrs. Karanja and Mrs. Waithaka are neighbours. Their sons, Mwaura Karanja and Mwangi Waithaka, had a fight and Mwangi was hurt.

In annoyance, Mrs. Waithaka hurled a stone at Mrs. Karanja but the stone did not hit Mrs. Karanja. Mrs. Waithaka rushed to her house and came out with a bucket of water which she splashed on Mrs. Karanja making her clothes wet. Mrs. Karanja intends to sue Mrs. Waithaka.

Advise Mrs. Karanja on the kinds of tort that she may seek redress from. (12 marks)
(Total: 20 marks)

QUESTION FOUR
(a) In relation to the Sale of Goods Act, Explain four circumstances when a seller may give a better title to the buyer than he himself has in the goods. (14 marks)
(b) Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed that Mary would deliver the clothes to Kate’s house upon repair. However, Mary did not take the clothes back as agreed and in the process they were stolen when a burglar broke into Mary’s premises. With reference to the above facts, highlight Mary’s liability, if any. (6 marks)
(Total: 20 marks)

QUESTION FIVE
(a) In relation to the Law of Property, distinguish between real property and personal property. (4 marks)
(b) A lease agreement usually contains implied terms on the part of the lessor and lessee. State the terms implied on the part of the lessee. (4 marks)
(c) Abdalla, the proprietor of Hesabu House, place a warning sign outside the entrance of the building that the floors of the premises were slippery. Makanyanga who was in a hurry to attend tuition classes did not see the notice. As Makanyanga was rushing to class, he slipped, fell and fractured his hand. He now seeks compensation from Abdalla.

Discuss the legal position of both parties. (12 marks)
(Total: 20 marks)

QUESTION SIX
(a) (i) Define an easement. (2 marks)
(ii) State and explain the characteristics of easements. (4 marks)
(b) Wambura, a rich but illiterate freehold owner of property has leased his property for a number of years to Wanyonyi. Wambura wishes to repossess the property for his own use and seeks to know the various ways in which leases may be terminated.

Advise him. (8 marks)

(c) Summarise the implied convenants by a landlord in a lease agreement. (6 marks)
(Total: 20 marks)

QUESTION SEVEN
With reference to the Law of Succession, write brief notes on the following:
(a) Will (2 marks)
(b) Probate (3 marks)
(c) Codicil (3 marks)
(d) Demonstrative legacy (3 marks)
(e) General legacy (3 marks)
(f) Pecuniary legacy. (3 marks)
(g) Special legacy. (3 marks)
(Total: 20 marks)

QUESTION EIGHT
(a) The President may, under section 27 of the Constitution, exercise the prerogative of mercy. Explain the circumstances under which the President may exercise the prerogative of mercy. (5 marks)
(b) Citing relevant examples, give the instances as stipulated under section 71(2) of the constitution, where a person may be lawfully deprived of life. (5 marks)
(c) Section 72 of the Constitution states that no person shall be deprived of his personal liberty. Explain the circumstances when a person may legally be deprived of his personal liberty. (10 marks)
(Total: 20 marks)




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