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Dpba 017: Business Law Question Paper

Dpba 017: Business Law

Course:Business Law

Institution: Kenya Methodist University question papers

Exam Year:2008

KENYA METHODIST UNIVERSITY

END OF SECOND TRIMESTER 2008 EXAMINATIONS

FACULTY : BUSINESS AND MANAGEMENT STUDIES
DEPARTEMENT : BUSINESS ADMINISTRATION
COURSE CODE : DPBA 017
COURSE TITLE : BUSINESS LAW
TIME : 2 HOURS

INSTRUCTIONS:
• Answer Question ONE (Compulsory) and any other TWO Questions

Question 1
In Currie v. Misa (1875) L.R. 10 Exch. 153 it was stated that:

“Consideration means something which is of some value in the eye of the law, moving from the plaintiff; it may be some detriment to the plaintiff or some benefit to the defendant, but at all events, it must move from the plaintiff”

Illustrating your answer with judicial decisions, describe situations in which courts will treat consideration as insufficient to support a contract. (25 marks)

Question 2
Write explanatory notes on the following:
(a) Warranties implied in a contract of sale of goods. (5 marks)
(b) Remedies for breach of contract. (5 marks)
(c) The constitution of Kenya as a main source of law. (5 marks)

Question 3
Citing statutory provisions, explain what implied conditions are in a sale of goods contract. (15 marks)

Question 4
Distinguish between:
(a) Hire Purchase and a sale (5 marks)
(b) Hire Purchase and a credit sale (5 marks)
(c) Hire purchase and simple hire (5 marks)

Question 5
A partnership is defined under Section 3 of Partnership Act as a relation which subsists between persons carrying on business in common with a view of making a profit. Where these persons have demonstrated confidence and trust in one another to the extent of entering in a business arrangement, equity insists that trust and confidence must never be abused. With regard to this principle, explain the obligations which the law absolutely imposes upon the partners. (15 marks)

Dpba 017: Business Law Question Paper

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