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Bca/Bps 1205: Business Law 1 Question Paper

Bca/Bps 1205: Business Law 1

Course:Bachelor Of Commerce

Institution: Dedan Kimathi University Of Technology question papers

Exam Year:2013

DEDAN KIMATHI UNIVERSITY OF TECHNOLOGY
UNIVERSITY EXAMINATION ACADEMIC YEAR 2012/2013
FIRST YEAR SECOND SEMESTER EXAMINATION FOR THE DIPLOMA IN BUSINESS ADMINISTRATION AND DIPLOMA IN PURCHASING AND SUPPLIES MANAGEMENT
BCA/BPS 1205: BUSINESS LAW 1
APRIL 2013 TIME: 2 HOURS
Instructions:
Answer question ONE and any other TWO questions
QUESTION ONE
a. Explain the rules that govern the acceptance of an offer. [6 Marks]
b. Mike writes to Peter ‘I will sell you my car for Kshs. 500,000. If I hear nothing from you before next Saturday, I will take it that you have accepted’ Peter does not reply by Saturday. Mike is now threatening to sue Peter for breach of contract to buy the car. Advice Peter. [5Marks]
c. Explain two differences between.
(i) Tort and Crime [ 2Marks]
(ii) Criminal wrong and Civil wrong. [ 2Marks]
d. Highlight five purposes of the law in Kenya. [5Marks]
e. Discuss five general defenses in tort. [10 Marks]
QUESTION TWO
a. A, who lives in Nairobi, boards a bus to Mombasa to finalize an important contract which will bring him a profit of kshs. 500,000. The bus breaks down and he reaches Mombasa very late and loses the contract. Explain the liability of the bus company. [5 Marks]
b. Highlight six maxims of equity. [ 3 Marks]
c. Explain ways in which a contract may be discharged by giving examples and quoting cases. [7 Marks]
QUESTION THREE
a. M, an infant, bought an electric guitar for kshs. 100,000, paying Kshs. 10,000 at the time of purchase and promising to pay the balance in nine monthly installments of 10,000 each. What would be the legal position if;
(i) M fails to pay any of the installments and refuses to return the guitar. [3 Marks]
(ii) M has failed to pay and sells the guitar to his friend X ( who is over 18 years) and delivers the guitar to him? [5 Marks]
b. Discuss direct legislation as a source of law in Kenya, highlighting its advantages and disadvantages. [7 Marks]
QUESTION FOUR
a. Distinguish between:
(i) Void, voidable and unenforceable contracts. [ 2 Marks]
(ii) Executed and executor contracts. [2 Marks]
(iii)Contracts made by deed or under seal and simple contracts. [3 Marks]
b. Describe the functions and jurisdiction of the following courts.
(i) The Kadhi’s Court [2 Marks]
(ii) The High court of Kenya [3 Marks]
(iii)District Magistrates Court. [3 Marks]
QUESTION FIVE
a. A writes a defamatory letter to B referring to him as a Scoundrel and thief. B shows the letter to his employer who promptly dismisses him. Can B sue A for the tort of libel and recover damages? [ 4 Marks]
b. Write short notes on the following.
(i) Act of God [2 Marks]
(ii) Malice in tort [2 Marks]
(iii)Volenti non fit injuria [2 Marks]
c. Discuss common law as a source of law in Kenya. Enumerate the weaknesses of common law. [5 Marks]

Bca/Bps 1205: Business Law 1 Question Paper

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