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Law 1- Mock Question Paper

Law 1- Mock

Course:Cpa Part I

Institution: Strathmore Business School question papers

Exam Year:2007

QUESTION ONE
(a) Distinguish between:-
i) Law and morality
ii) National and international law.

(b) What are the functions of law in society?

QUESTION TWO.
Write brief notes on:
a) Judicial service commission.
b) Judges.

QUESTION THREE
a) Attempt a classification of cheques
b) Mutiso owned a bakery in Kangundo Town. He sold it last year to Munyao. He agreed, as part of the sale, not to carry on a bakery business for a period of 3 years within 200 miles radius of the bakery he had sold. He has now decided to open a bakery in Machakos Town and seeks your advice as to whether he can legally do so. What advice would you give him?

QUESTION FOUR
a) In relation to the law of tort, explain what constitutes the tort of negligence.
b) Identify the tort that may have been committed in the instances listed below and explain the possible defenses available to the defendant.

(i) Mrembo visited Beutex shop to buy cosmetics. Owing to the slippery nature of the floor, she slid and broke her leg.
(ii) Msafiri boarded a public service vehicle as a paying passenger. A worn out tyre of the bus burst and Msafiri was injured. He went to hospital where he was treated and discharged. Five years later Msafiri brings action against owners of the vehicle for recovery of damages.

QUESTION FIVE
(a) Courts of law are not the only means by which disputes may be resolved. Administrative tribunals have been held to be alternatives to the courts of law in the dispensation of justice.

In light of the above statement:
i) What do you understand by administrative tribunals?
ii) Explain four advantages of administrative tribunals over courts of law.

(b) Explain the differences between the burden of proof in civil cases and the burden of proof in criminal cases.

QUESTION SIX
(a) Explain how an unpaid seller may loose the right of lien and stoppage in transitu.
(b) Outline the salient remedies of the buyer in a sale of goods contract.

QUESTION SEVEN
(a) Examine the circumstances in which a banker has no authority to honour a cheque drawn on him.
(b) Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his secretary, to fill in a certain amount and to X’s name as payee. Atieno filled in a large amount made the cheque payble to Nairobi Harambee Secondary School and gave it to her brother to take it to the school in order to pay the outstanding school fees. The Nairobi Harambee secondary school cashed the cheque in good faith. Onyango wants to know his rights, if any, against the school. Advice onyango.

QUESTION EIGHT
(a) Distinguish between a contract guarantee and a contract of indemnity.
(b) State the circumstances in which the guarantor will be discharged.

Law 1- Mock Question Paper

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