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Introduction To Law I (November 2003) Question Paper

Introduction To Law I (November 2003)

Course:Cpa Part I

Exam Year:2003

KASNEB
CPA PART 1 SECTION 1
INTRODUCTION TO LAW
NOVEMBER 2003 TIME ALLOWED:3 Hours
Answer ANY five Qusetions. All Question are allocated equal marks
_____________________________________________________________________________________

QUESTION ONE
(a)A statute may have a provision whose meaning is not clear. It is then the duty of the court to interpret it.In relation to the above statement, detail the rules that govern such statutory interpretation. (8 marks)

(b)Distinguish a criminal wrong from a civil wrong. (6 marks)

(c)(i)Explain the meaning of judicial precedent. (2 marks)
(ii)State two forms of judicial precedents. (4 marks)
(Total: 20 marks)
QUESTION TWO
(a)Describe the composition and jurisdiction of the High Court of Kenya or your country. (8 marks)

(b)Explain the establishment and jurisdiction of the Rent Tribunal.(6 marks)

(c)Describe the role of the office of the Attorney General in the prosecution of criminal offences. (6 marks)
(Total: 20 marks)

QUESTION THREE
(a)In numbered paragraphs, distinguish between the following:
(i)Statutory corporations and limited companies. (6 marks)
(ii)A memorandum of association and articles of association. (8 marks)

(b)Define the term prospectus and explain the contents of a prospectus. (6 marks)
(Total: 20 marks)

QUESTION FOUR
(a)Giving illustrations, explain the postal rules that govern offer and acceptance where contracts are communicated and concluded through post. (8 marks)

(b)Saida planned to stage a big band concert and engaged a number of eminent musicians.She paid each musician 10% of the agreed fee at the time the separate contracts were made. Five days before the concert, Saida was informed that three of the musicians Yvonne, Omar and Mike would not appear. Yvonne could not come as she was bed ridden with acute bronchitis. Omar was unable to attend the concert as his country was engaged in war and Mike could not show up because his fees was not large enough.Saida was concerned and feared that the concert would be a failure. Saida therefore decided to cancel the concert. Saida seeks your advice on her legal rights against the three musicians.
Advise Saida. (12 marks)
(Total: 20 marks)

QUESTION FIVE
(a)State and briefly explain the characteristics of joint tenancy. (6 marks)

(b)(i)Explain the term “freehold interest in land.” (4 marks)
(ii)Stanley leased his house at Highlands Gardens to Oliver.The lease agreement was signed by both parties and the lease was to run for a period of two years. Stanley has been having domestic problems with his wife.Recently, Stanley’s wife stormed into the premises lease to Oliver and threatened to evict him and his family if they did not vacate the leased premises.Oliver has not breached any of the terms of the lease agreement and is aggrieved.
Advise Oliver on his legal rights and the remedies available to him. (10 marks)
(Total: 20 marks)

QUESTION SIX
(a)State and explain four types of legacies. (8 marks)

(b)Paul wrote a will and bequeathed all his property to his wife Nina. Two years later, Paul was diagnosed as suffering from a terminal disease. He blamed it on his wife Nina and then called his friends Mark and Matthew and verbally told them in case he died before Nina, she should not inherit his property, instead all his property should be inherited by his mother Tina. Paul died three weeks ago and Nina has sought to inherit his property under the will, but Paul’s mother has vehemently resisted Nina’s claim.
Discuss the legal position of Nina and Tina. (12 marks)
(Total: 20 marks)

QUESTION SEVEN
(a)Distinguish between the seller’s right of lien and the right of stoppage in transitu. (8 marks)

(b)Explain the legal consequences of non-registration of a hire-purchase agreement.
(4 marks)

(c)Stephane issued a cheque in favour of Thorne. However, when Thorne presented it for payment it was dishonoured and returned marked “R.D.”. It now transpires that when the bank clerk was checking on Stephane’s balance he checked on the wrong account and as a result the cheque was dishonoured under a mistaken belief of lack of funds.
Explain Stephane’s rights against the bank. (8 marks)
(Total: 20 marks)

QUESTION EIGHT
(a)Explain the rights of an undisclosed principal in an agency relationship.(6 marks)

(b)Describe the rules that govern limitation of actions in tort. (4 marks)

(c)Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker, Mutuku who was standing nearby lit a cigarette. Unfortunately the petrol caught fire and burnt the whole station and injured several people.
Mpole the proprietor of the petrol station seeks your advice on whom he can sue.
Advise Mpole. (10 marks)
(Total: 20 marks)

Introduction To Law I (November 2003) Question Paper

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