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Commercial And Administrative Law: End Of Term Examination Question Paper
Commercial And Administrative Law: End Of Term Examination
Course:Diploma In Business Administration
Institution: Machakos University question papers
Exam Year:2011
End of term examination
Business Administration Diploma 3
Commercial and Administrative Law
Instructions: Answer any five questions
Time: 2 hours
1. (a) In relation to the law of insurance, explain five principles of insurance. (10 marks)
(b) In reference to the law governing arbitration, highlight circumstances under which the High court may appoint an arbitrator. ( 10 marks)
2. (a) In relation to the law of guarantee, explain five points of distinction between a contract of guarantee and a contract of indemnity. (10 marks)
(b) In relation to the law of bankruptcy explain the disabilities of undischarged bankrupt.(10 marks)
3. (a) In relation to the partnership Act,outline five duties that relate to utmost good faith.( 10 marks)
(b) Shah entered into a contract with Mwangi for the sale of 1,000 tins of oil worth 1 million.
Mwangi paid the full purchase price. Subsequently Shah dispatched the oil via railway.
While the oil was in transit it was destroyed by fire. Mwangi has now demanded for a refund of the purchase price from Shah but Shah has refused to refund the money.
i. Explain the legal principles applicable
ii. Advise Mwangi.( 10 marks)
4. (a) Explain five circumstances under which the High court may appoint an arbitrator.(10 marks)
(b) In relation to the law of insurance, explain five benefits of insurance. ( 10 marks)
5. (a) Mark was a student at Ngunga’s college.
Last semester, he was unable to pay the college fees.
Because of his excellent performance the principal of the college entered into an agreement with Mark’s father, Mr. Ruto, where each was to pay half of Mark’s fees.
Unfortunately, Mr Ruto died two weeks later after having paid his part of the fees.
The principal has refused to pay his part and is demanding that Mark pays the fee balance.
Mark is aggrieved and wants to sue the principal for refusing to pay the fees as he had promised.
i. Explain the legal principles involved
ii. Advise Mark.(10 mark)
(b) Explain the exceptions to the doctrine of privity of contract.( 10 marks)
6. (a) In relation to the law of agency explain five conditions that must be satisfied before agency by ratification can arise.(10 marks)
(b) In relation to the law of partnership explain five acts that may be held to be within the implied authority of a partner. (10 marks)
7. (a) In relation to the law of agency outline five characteristics of a Del Credere agent. ( 10 marks)
(b) Explain five conditions under which a court may stay proceedings where there is an arbitration agreement.(10 marks)
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