Law I Question Paper

Law I

Course:Cpa Part I

Institution: Orthodox Teachers Training College Of Africa question papers

Exam Year:2008

CPA PART I
LAW I

Answer any FIVE questions.

QUESTION ONE
a. With reference to the creation and operation of law, outline the role of the following institutions:
i. The legislature (4mks)
ii. The Executive (4mks)
iii. The Judiciary (4mks)

b.
i. Define the term "judicial precedent" (2mks)
ii. Explain the conditions that a previous judicial decision must fulfill in order to qualify as a binding precedent (6mks)

QUESTION TWO
a. The receipt by a person of a share of the profits of a business is "prima facie" evidence that the person is a partner in the business. However, not every receipt of such a share of profit in itself makes a person a partner in the business.

Discuss the payments that are not regarded as a share of profits in a partnership (10mks)

b. Explain the features that differentiate a partnership from other business associations (10mks)

QUESTION THREE
a. In the context of the law of contract:
i. Summarise the various ways of accepting an offer (6mks)
ii. Describe the circumstances under which acceptance of a contract becomes effective (8mks)

b. John Wanjia promised to deliver goods to Andrew Mali on a specified date. There was a term in the contract which provided for the payments of liquidated damages of Sh. 5,000 in the event of a breach of contract by John Wanjia.

John Wanjia delivered the goods two weeks late. Andrew Mali has accepted the goods and intends to sue for the Sh. 5,000 damages.

Explain the legal position and advise Andrew (6mks)

QUESTION FOUR
a. With reference to sale of goods, explain when risk of loss or damage to goods passes from the seller to the buyer. (4mks)

b. Laban instructed his agent Hosea to sell 20 computers on his behalf. Laban further instructed Hosea that the computers were not to be role for less than Sh. 20,000.

Explain the legal position in each of the circumstances listed below:

i. Hosea sells the computers for Sh. 18,000

ii. Hosea buys the computers himself for Sh. 20,000 without informing Laban and later sells them to Hasan for Sh. 25,000 (10mks)

QUESTION FIVE
a. John Mfukevi, a prisoner was being transfered from prison in Town A to another prison in Town B. Owing to the distance between the two towns, the prison authorities were forced to use an aeroplane to transfer him. While on the aeroplane a screw on John Mfukevi''s seat snapped and his back was hurt. He was given first aid while on the aeroplane. Upon arrival in Town B he was taken to hospital where he was admitted and later discharged after a few days. He was later detained in the prison until he completed his dull sentence of 6 years.

John Mfukevi has now been released and has brought an action against the airline company.
Discuss the legal principle applicable in this case and advise the parties (14mks)

b. Outline the conditions that must be fulfilled before a person can successfully rely on the doctrine of "Res-Ipsa-Loquitur" (facts speak for themselves) as a defence (6mks)

QUESTION SIX
a. Explain the remedies that are available to a legal mortgages for non-payment of a loan under a mortgage agreement (8mks)

b.
i. Highlight the features of a joint tenancy (4mks)
ii. A joint tenancy cannot exist unless the four unities exist. Outline these four unities (8mks)

QUESTION SEVEN
a. In relation to the law of Succession Act, highlight the provisions of the Act which safeguard fraud with regard to written wills. (8mks)

b.
i. Outline the essential features of a gift in contemplation of death (4mks)
ii. Highlight the circumstances under which a gift made in contemplation of death will be valid (8mks)

QUESTION EIGHT
a. Professor Edward Mwerevu has been working on a major research project in which he has spent a lot of time, intellectual power and money. He wishes to register his research findings as a patient and seeks your advice on the requirements of a valid patent.

Advise Professor Mwerevu (14mks)

b. Outline the probable grounds for revocation of a patent (6mks)

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