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Contract Ii Question Paper

Contract Ii

Course:Bachelor Of Laws (Llb)

Institution: Kabarak University question papers

Exam Year:2009

KABARAK UNIVERSITY
UNIVERSITY EXAMINATIONS
2009 ACADEMIC YEAR
FOR THE DEGREE OF BACHELOR OF LAWS
COURSE CODE: KLAW 108
COURSE TITLE: CONTRACT II
STREAM: Y1S2
DAY: WEDNESDAY
TIME: 2.00 – 4.00 P.M.
DATE: 11/08/2010

INSTRUCTIONS:
• Answer Question ONE And ANY OTHER TWO Questions
• Marks may be lost for illegibility
• Examples & Cases will earn Added Marks

1. (a) (i) When a person is induced into entering into a contract by duress, he may
seek to avoid and rescind the same.
Supporting your answer with decided cases explain what is duress and how it can
be a vitiating factor in contract (5 Marks)
(ii) Undue influence is the uncontentious use of one’s power or authority over
another to acquire a benefit or to achieve a purpose.
What are the requirements which a party claiming undue influence MUST prove
in order to establish undue influence (10 Marks)
(b) (i). What is Misrepresentation? Set out and explain the three types of
misrepresentation (7 Marks)
(ii) Using decided cases and illustrations discuss the four main element
that must be established before a misrepresentation can be operative
(8 Marks)
(TOTAL 30 MARKS)

2. (a). The general Rule is that no action will be allowed upon a contract which contains an
illegal element.
Taking into account the above statement discuss the effects of an illegal contract.
(10 Marks)
(b). Any restraint on a person normal freedom to carry on a trade, business or profession in
such away or with such person as he choose is a restraint of trade. A restraint of trade is
void or unenforceable unless justified.
Briefly explain the Tests which the Courts have developed which guides them when they
want to assess whether a restraint clause is justified or not and support your answer with
decide cases. (10 Marks)
(TOTAL 20 Marks)

3. (a). A contracted to buy from B a number of cases each case containing 30 tins of fruit
totaling a certain number of Tins. When B delivered the products to A, half the cases
were packed with 30 tins and the other half with 24 tins. The total though complied with
what was ordered. A rejected the goods arguing that there was a breach of contract. B has
come to you as a judge claiming that A repudiated the contract unlawfully. A has filled
defense saying that B did not perform the contract.
Make a reasoned judgment and support it by decided cases (10 Marks)
Page 3 of 3
(b). The doctrine of frustration holds that where unforeseen contingencies which are
substantially different from what was envisaged at the time of contract arise,
this frustrates the contract and parties are excused from further performance.
However the frustrating even must satisfy some conditions.
Briefly explain the conditions which must prevail for a contract to be discharged by
frustration. Support your answer with candid examples and decided cases
(10 Marks)
(TOTAL 20 Marks)

4. (a). The aim of the common law remedy of damages is to put the Plaintiff into the position in
which he would have been had the contract been performed. Damages are however
subject to the Rules of Remoteness of Damage. Discuss the Rules & support your answer
with decided cases. (10 Marks)
(b). “An injunction is an equitable remedy given in breach of a contract. It is an order given
by the court to prevent a breach of a negative obligation in a contract e.g. contract of
employment. But courts are reluctant to issue an injunction if it will be inequitable”
Anonymous
Discuss the above statement bringing out circumstances where the Courts can refuse to
grant the same supporting your answer with decided cases. (10 Marks)
(TOTAL 20 Marks)

5. (a). Discuss the kinds of mistakes in contract law and their various effects on a contract as a
vitiating factor. (10 Marks)
(b). Rules have been developed as in regard to mistakes as to documents. Briefly explain
those rules in regard of the following situations:-
(i) Signing a different document (Non Est Factum). (5 Marks)
(ii) Rectification of Documents (5 Marks)
(TOTAL 20 Marks)

Contract Ii Question Paper

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