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Law Question Paper
Law
Course:Diploma In Personnel Management (Personnel Management)
Institution: Kenya Polytechnic question papers
Exam Year:2007
1. (a) Explain four circumstance under which a contract may be discharged by frustration. [8 marks]
(b) (i) Explain three exceptions to the doctrine of privity of contract. [6 marks]
(ii) Pretti accepted an engagement to play music at the Disco Club 100 in Nairobi to be held on 1st April, 2006. On 30th March 2006, Pretti decided to attend her cousin's funeral in Malindi and she was unable to get means back to Nairobi on the day. She arrived back to Nairobi on 3rd April 2006. On arrival Pretti still wanted to perform but the club declined to engage her services, Pretti is aggrieved by thee club's decision and seeks your legal advice.
(i) Explain the legal principles applicable in this case.
(ii) Advise Pretti. [6 marks]
2. (a) In relation to the law of insurance, explain:
(i) the category of persons who are presumed to have an insurable interest in a ship. [4 marks]
(ii) the implied warranties in a policy of marine insurance. [4 marks]
(b) Peace asks Anisha to sell two wedding gowns on her behalf for Ksh 12,000 each for an agreed commission of 5 %. Anisha purchases one of the wedding gowns for herself without disclosing this fact to Peace, she gave Peace Ksh 12,000 stating that these were the proceeds of the sale. Anisha sold the second gown to Rukia for Ksh. 15,000 and Anisha proceeded to give peace Ksh 12,000 for the second gown. Peace has now discovered the full facts regarding the transactions. Peace is aggrieved and seeks your legal advice.
(i) State the legal principles applicable in this case.
(ii) Advise Peace. [12 marks]
3. (a) In relation to thhe law governing the sale of goods explain the remedies available to the buyer against the seller who is in breach of the contract of sale. [12 marks]
(b) Explain the points of distinction between an unpaid seller's right of lien and right of stoppage in transit. [8 marks]
4. (a) In relation to the law of guarantees, explain the rights of a guarantor against the creditor. [10 marks]
(b) Where a contract contains an arbitration clause, the court may stay proceedings respecting the agreement and referring the dispute to arbitration. In relation to this statement, explain five circumstances under which the court may stay the proceedings. [10 marks]
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