Law I Question Paper

Law I

Course:Cpa Part I

Institution: Orthodox Teachers Training College Of Africa question papers

Exam Year:2007

CPA PART I
LAW I

Answer any FIVE questions.
ALL questions carry equal marks.

a. Explain the meaning of privity of a contract. (4mks)

b. Outline the exceptions to the doctrine of privity of a contract (6mks)

c. Miss Emmah Nadhifu took her gown to Smart Wear Laundry for cleaning. She was given a receipt upon depositing her evening gown. She hurriedly put the receipt in her handbag and walked away. The receipt contained a contractual term to the effect that "the company would not be liable for any loss or damage to garments deposited by a customer". The contractual term was on the reverse of the receipt.
When Miss Emmah Nadhifu went to collect her gown from the laundry, she found that the colour had run due to the chemicals used in the cleaning process.
Miss Emmah Nadhifu has served Mrs. Fatuma Safi, the proprietor of Smart Wear Laundry with a demand notice that Mrs. Fatuma Safi accepts liability for the damaged gown. However, Mrs. Fatuma Safi has referred Miss Emmah Nadhifu to the clause on the receipt but Miss Emmah Nadhifu is not satisfied with the contractual clause.

Advise Miss Emmah Nadhifu on her legal rights regarding the matter (10mks)

QUESTION TWO
a. Define the term "trade mark" and explain the essential particulars to be availed before a trade mark can be registered (6mks)

b. List the works eligible for copyright under the Copyright Act (4mks)

c. Outline the ways of creating an casement (6mks)

d. Matata Mingi is a tenant in a house owned by Ricky Tajiri. Matata Mingi has not paid rent for the house for the last three months and the walls of the house have been extensively damaged by Matata Mingi''s children. Recently, Ricky Tajiri went to the house to demand the rent appears from Matata Mingi but Matata Mingi refused to open the have to the house.

Advise Ricky Tajiri on his rights on the issue (4mks)

QUESTION THREE
a. Explain the term "nemo dat quod non habet" and outline the exceptions to the rule (10mks)

b. Explain the conditions and warranties in a contract of sale of goods (10mks)

QUESTION FOUR
a. A will is a declaration made by a person during his life time, of his intentions concerning the disposal of his property after death.

i. Explain the characteristics of a will (4mks)
ii. Outline the formalities of a valid will (4mks)
iii. Summarise the ways in which a will may be revoked (6mks)

b. Mr. Bedan Kapera, a wealthy man died intestate leaving no wife or children. His relatives have been fighting over his property and some of them have sought your advice.
Advise Mr. Bedan Kapera''s relatives on how his net assets shall devolve (6mks)

QUESTION FIVE
a. Outline the advantages of arbitration (8mks)

b. Summarise the implied clauses in arbitration agreements (8mks)

c. Outline the effects of arbitration clause (4mks)

QUESTION SIX
a.
i. Explain types of tenancies (8mks)
ii. Outline ways of creating tenancies (2mks)

b. Explain ways in which leases are determined (4mks)

c. Summarise the covenants implied by:
i. The landlord (3mks)
ii. The tenant (3mks)

QUESTION SEVEN
a. Distinguish between the following:
i. Common law and equity (6mks)
ii. Statute law and judicial precedent (6mks)

b. Explain the discretionary remedies available in equity (8mks)

QUESTION EIGHT
The constitution aims at guaranteeing the sanctity of an individual''s property, ensuring that the property cannot be arbitrarily and compulsorily acquired or taken into possession of except for definite laid-down reasons.

Outline the purposes for which property can be compulsorily acquired or taken possession of without the constitutional right to property being infringed upon. (20mks)

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