Strathmore University CPA Part I (CPA) Introduction To Law I Revision Questions 2  Question Paper

Exam Name: Introduction To Law I Revision Questions 2 

Course: CPA Part I (CPA)

Institution/Board: Strathmore University

Exam Year:2012

STRATHMORE UNIVERSITY REVISION PAPER 2
INTRODUCTION TO LAW I
JANUARY 2012

QUESTION ONE
(a)What to you understand by the phrase “Source of law”?
(b)Identify the various sources of law of Kenya.
(c)Distinguish between principal and subsidiary sources of law.

QUESTION TWO
Write brief notes on:
(a)Islamic law
(b)Hindu law
(c)Types of jurisdiction.

QUESTION THREE
(a)In what circumstance will a contract be vitiated by common mistake?

(b)Shah, in response to an inquiry by Onyango regarding the possible sale of his (Shah’s) car, wrote to Onyango stating, “I have decided to sell to you my car for $5,000. If I hear nothing from you before next Sunday, I will take it that you have accepted. “Onyango considered the price to be too high and decided to look for another car but forgot to reply to Shah’s letter. Shah is now threatening to sue Onyango for breach of contract. Advise Onyango.

QUESTION FOUR
In relation to partnership law write explanatory notes on the following:
(i)Expulsion of a partner
(ii)Incapacities of an assignee Partner
(iii)Admission of a new partner
(iv)Circumstances in which a court may order the dissolution of a partnership.

QUESTION FIVE
Discuss the statutory Provisions governing occupiers liability in Kenya.

QUESTION SIX
Discuss the contractual capacity of:
(a)Persons of unsound mind
(b)Undischarged bankrupts
(c)Corporations

QUESTION SEVEN
(a)Define the term “a cheque”

(b)Explain the type of crossing that may be made on a cheque, highlighting the significance of each type.

(c)Hesabu, an accountant of Speed Company Ltd, prepared a bearer cheque for Haraka’s signature who was the duly authorized signatory. The amount appeared in figures as Sh. 2000, but the amount was not written in words. Haraka signed a cheque. Hesabu then altered the amount to read Sh. 20,000 and he indicated the amount in words, withdrew Shs. 20,000 from the company’s account. Hesabu handed over Sh. 2000 to Haraka but pocketed the 18,000 being the difference between Sh. 20,000 and Sh. 2,000. Speed Company Ltd has ascertained the true position and is insisting that the bank credit its account with the sum of Kshs. 18,000. Advise the bank.

QUESTION EIGHT
(a)How are arbitrators appointed
(b)In what circumstances may a party challenge an arbitral award in the High Court?





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