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Law 1-One Mock Question Paper

Law 1-One Mock

Course:Cpa Part I

Institution: Strathmore Business School question papers

Exam Year:2007

QUESTIONS - MOCKS

COMPREHENSIVE TEST 1

QUESTION ONE
(a) Explain the term judicial precedent
(b) What is the importance of stare decisis in the doctrine of precedent.
(c) Explain what is meant by:
i) Ratio decidendi
ii) Obiter dicta

QUESTION TWO
(a) Explain the ways in which arbitral tribunals may be appointed.
(b) In what circumstances may the High court set aside an arbitral award?

QUESTION THREE
(a) What is a holder in due course and how does he differ from a holder for value?
(b) Examine the rights and duties of a holder of a bill of exchange.

QUESTION FOUR
(a) In what circumstance will a gift in contemplating of death be defeated.
(b) Mokua married Kemunto in 1970. Both has lived happily with their Jon Joash until Mokua died in a tragic road accident in November 1991. Unfortunately Mokua had not made a will in respect of all his free property. Kemunto does not know her rights over the property left by her husbands. She comes to you for advice. Advice her. Would your advice be different if they had no child?

QUESTION FIVE
(a) Write short notes on the following:
(i) Cover note
(ii) Parties to an insurance contract.

(b) Kariuki entered sunset supermarket, picked up one of the wire baskets provided and filled it with groceries from the shelves. As he was approaching the cashier he realized that his purse had been stolen and decided to replace the good on the shelve. The manager of the supermarket who had been observing Kariuki’s movements instructed one of his assistants to approach Kariuki and tell him that the goods had been sold and he could not replace them on the shelves. Advise Kariuki.

QUESTION SIX
(a) How may a contract that has been validly concluded be otherwise declared unenforceable?
(b) A agreed with B that B would buy from a ten tones of sugar. The sugar was described to be stored in a go down in Nyeri. Subsequent to the agreement, the following facts have come to light:
i) That when the agreement was being concluded, B held a gun in his hands and A could see the gun.
ii) That the goods were destroyed by fire a day after the contract was concluded.
iii) That B was infact a minor.

Discuss the legal position

QUESTION SEVEN
(a) Explain the phrase professional misconduct.
(b) Section 28 of the Accountants Act (Cap 531) identifies acts and omissions, which constitute professional misconduct by a certified public accountant. Enumerate the salient commissions and omissions which constitutes professional misconduct?

Law 1-One Mock Question Paper

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