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Commercial And Administrative Law Question Paper
Commercial And Administrative Law
Course:Diploma In Business Administration (Business Administration)
Institution: Kenya Polytechnic question papers
Exam Year:2006
Answer any five questions
1. (a) In relation to sale of goods contracts, explain the significance of each of the following terms:
(i) C.I.F. Contracts (6 marks)
(ii) F.O.B. Contracts (4 marks)
(b) In relation to the Bankruptcy Act, state and explain five acts of bankruptcy. (10 marks)
2. (a) Explain five circumstances under which bill of exchange may be discharged. (10 marks)
(b) In relation to the law of partnership, explain the rights of partners among themselves. (10 marks)
3. (a) Explain the conditions and warranties that are implied in hire purchase agreement. (10 marks)
(b) Jane is a sales assistant with Kambuni Autoshop Limited. During negotiations with Rotich for the sale of a motor bike, Jane told Rotich, "I like the motor bike and can stake my life on it."
Following this remark, Rotich made a hire purchase contract with Jitahidi Finance Company to finance the purchase of the motor bike. However, soon after taking delivery of the motorbike he had an accident on it because of the defective breaking mechanism. Rotich is aggrieved and seeks redress from Kambuni Autoshop Limited.
(i) Outline the legal principles governing this case.
(ii) Advise Rotich (10 marks)
4. (a) (i) Explain the circumstances under which an agency relationship may be terminated by the act of the parties. (6 marks)
(ii) State and explain three duties of an agent towards the principal. (6 marks)
(b) Ben is a minor professional squash player and has joined Tigoni Squash Club. He has agreed with the club that he will not participate in any competition matches without the permission of the club.
Explain whether this contract is binding on Ben. (8 marks)
5. (a) In relation to commercial arbitration, explain the circumstances under which the court may:
(i) Set aside an award
(ii) Remit an award to the arbitrator for reconsideration. (12 marks)
(b) In relation to contracts of insurance, explain each of the following terms :
(i) Subrogation
(ii) Indemnity (8 marks)
6. (a) Explain the duties of a common carrier under a contract of carriage. (10 marks)
(b) Explain five grounds which may give rise to judicial review by the courts. (10 marks)
7. (a) Explain the duties of:
(i) a bailor in a contract of bailment.
(ii) a bailee in a contract of balment.
(b) Explain the principles of natural justice. (4 marks)
(c) Explain the doctrine of separation of powers. (8 marks)
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