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Law 1- Mock Question Paper

Law 1- Mock

Course:Cpa Part I

Institution: Strathmore Business School question papers

Exam Year:2006

COMPREHENSIVE TEST 2

QUESTION ONE
What is delegated legislation? What are the advantages and disadvantages of delegated legislation as a source of law of Kenya?

QUESTION TWO
(a) Distinguish between a condition and a warranty in the law of contract?
(b) S sells a car to P. the agreement contains the following clause; “since the car is sold cheaply, on no condition or warranty that the car is roadworthy is given.” The car fails to move from the show room. S insists a legitimate deal has been concluded. Advise P.

QUESTION THREE
(a) To what extent is it true that a contract does not arise until acceptance is communicated to the offeror?
(b) What is meant by the phrase “contract uberrimae fides”

QUESTION FOUR
(a) Describe the rule in Rylands V. Feltcher. What defences are available to it?
(b) A builds a factory for the manufacture of chemical called synoyd. After the factory is completed and becomes operation, it turns out that it emits a lot of fumes which in themselves are a nuisance to A’s neighbours. What is worse, it has also transpired that when it rains, the fumes after mixing with the rain-water produce a substance that is destroying fish in the nearby lake. As neighbour are unhappy and wish to sue him. Advise them.

QUESTION FIVE
(a) How may a contract be discharged by
(i) Breach
(ii) Frustration
(b) How are the rights of the parties adjusted following frustration of their contract?

QUESTION SIX
“A belated notice of an exemption clause has not legal effect on a contract” Discuss.

Law 1- Mock Question Paper

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