Industrial Law Question Paper

Industrial Law

Course:Bachelor Of Science In Renewable Energy Technology And Management

Institution: Kenyatta University question papers

Exam Year:2009

KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2009/2010
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF
SCIENCE (ENERGY ENGINEERING)

SET 502: INDUSTRIAL LAW

DATE: Wednesday 23rd December 2009

TIME: 2.00pm – 4.00pm

INSTRUCTIONS

This examination consists (FIVE (5) questions
Attempt ANY THREE (3) Questions
All questions carry equal marks
1.
a)
Define
the
term
contract.
[1marks]

b)
Consider the following case

Harvey V. Focey 1893.

Harvey telephoned to Focey: ‘Will you sell us Bumper Hall Pen?

Telegraph lowest cash price’. Facey replied ‘lowest cash price for

Bumper Hall pen cash is £900. Facey telegraphed back, ‘we agree to buy

for £900 asked by you’ Facey refused to sell and Harvey sued him
contending
a
breach
of
contract.

i)
What would be the ruling in this case?

ii)
Which are the reasons to the ruling?

[5marks]

c)
Peak Max is a newly established consulting firm. The firm has sought

your assistance and advice on contract engagement. Advice on the

validity of contract to avoid getting into contractual agreement that are not
binding. [14marks]

Page 1 of 3
2.
a)
According to factories Act (CAP 514) define a factory.
[4marks]

b)
Outline the safety to be observed with respect to the following
i)
Prime
movers
ii)
Self-acting
machines.
[2marks]

c)
Ministry of Trade and Industry has consulted your consultancy firm to

assess a sulphuric acid manufacturing plan. Clearly highlight the areas

you would assess pointing out their importance.

[14marks]

3.
a)
Define
the
term
Tort.
[1mark]

b)
State the differences between a contract and a tort.
[8marks]

c)
Consider the following cases.

i)
Khimji V Tanga Mombasa Transport Co.Ltd. 1962

Khimji was a passenger in a bus that belonged to Tanga Mombasa

transport Com Ltd. The bus driver was pressed to cross the

swollen river which he was unwilling to do. But he subsequently

agreed to cross the river. The bus slipped into the deep water and

Khimji’s dead body was found the following day.

ii)
Mogul steamship Co. V. McGregor 1982 Ship owners A, B, C, and

D combined together to drive a rival ship owner F out of trade by
offering
cheap
freight
to
customers who would deal with them. F.

sued A, B, and C for the loss caused to him by their act.

i)
In each of the cases above give the ruling that would suffice and
remedy
of
any. [6marks]

ii)
Give the various reasons that would lead to the ruling in the cases above

[5marks]

4.
a)
Define the following according to the Trade disputes Act (Cap 234).
i)
Federation
ii)
Recognition
Agreement
iii)
Redundancy
iv)
Strike
Page 2 of 3
v)
Trade
dispute
v)
Tripartite
committee.
[6marks]

b)
Outline the methods of conciliation with respect to (Cap 234)

[6marks]

c)
Briefly outline how matter related to trade disputes are investigated.

[8marks]

5.
a)
What is the definition of Law according to the following
i)
Holland
ii)
Panton
iii)
Salmond.
[3marks]

b)
Differentiate between Criminal and Civil Law.
[4marks]

c)
State Four (4) Maxims of Equity.

[4marks]

d)
Outline briefly Case Law or Judicial precedent and state its advantages
and
disadvantages.
[9marks]

Page 3 of 3

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