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Introduction To Law I (November 2001) Question Paper

Introduction To Law I (November 2001)

Course:Cpa Part I

Exam Year:2001

KASNEB
CPA PART 1 SECTION 1
INTRODUCTION TO LAW
NOVEMBER 2001 TIME ALLOWED:3 Hours
Answer any FIVE Questions. ALL questions carry equal marks.
_______________________________________________________________________________________
QUESTION ONE
(a)Define the term “statute” and outline three categories of bills that may be presented to parliament to be enacted into law. (5 marks)

(b)Discuss the limitation of Islamic Law as a source of Law. (4 marks)

(c)Distinguish between ratio decidendi and obiter dicta. (4 marks)

(d)Name the criticism’s that have been leveled against delegate legislation as a source of law. (4 marks)

(e)State three circumstances under which the president may exercise prerogative of mercy. (3 marks).
(Total: 20 marks)

QUESTION TWO
(a)Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions are deemed void if contained in a hire purchase agreement.
Identify and explain five such provisions. (5 marks)

(b)Kinyago, a small scale farmer agreed to take a television set and a radio from Malipo Rahisi Ltd., a hire purchase firm last year. The hire purchase price for both items was Sh. 90,000. He paid a deposit of Sh. 30,000 and the balance was payable by monthly instalments of Sh. 5,000. After paying instalments for six months, he defaulted.Malipo Rahisi ltd. Promptly repossessed the goods.
Discuss the legal position. (10 marks)

(c)One of the principal duties of an agent is expressed by the maxim “delegates non potest delegare.”State and identify five circumstances under which this rule or maxim does not apply. (5 marks)
(Total: 20 marks)

QUESTION THREE
(a)Explain the ways in which a Partnership may be dissolved without a court order.
(6 marks)

(b)State how the equitable principle of utmost good faith is manifested in the daily operations of a partnership. (6 marks)

(c)Beeky and Beth entered into a partnership selling girls’ clothing under the registered name of ‘Girlie.’ Becky, without consulting Beth set up a boy’s clothing shop under the registered name “BOYZ Clothes” while retainingher partnership with ‘Girlie’. This has given rise to frequent quarrels between Becky and Beth. Beth has now refused Becky admission to the firm’s premises and will not discuss the position with Becky.
Beth wishes to dissolve the partnership and would like Becky to account for profits she has derived from ‘BOYZ Cloths.”.
Advise Beth. (8 marks)
(Total: 20 marks)

QUESTION FOUR
(a)Certain types of mistakes in the formation of a contract may affect the validity of a contract. Discuss this statement explaining the mistakes. (6 marks)

(b)What is meant by the expression “contractual capacity”? Illustrate your answer with use of appropriate examples. (4 marks)

(c)Inspector Sniff offered a reward to anyone who would assist in giving information that could lead to the arrest and subsequent conviction of Rastara, a “most wanted car jacker” in the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole Ndume who did not know of the reward volunteered information to Inspector Sniff and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt of the reward. He seeks your legal advice on whether he can successfully claim the reward.
Advice Ole Ndume. (10 marks)
(Total: 20 marks)

QUESTION FIVE
(a)Describe the various ways in which co-ownership of property may be terminated.
(6 marks)

(b)Explain the main characteristics of easements. (6 marks)

(c)Karanja has been a tenant in Wamalwa’s house for the last three months. The parties had executed a lease for a period of one year. However, Wamalwa is aggrieved as Karanja has broken all the doors in the house following several fights with his wife.
Wamalwa now seeks your advice on the various ways in which he may terminate the lease agreement and lawfully evict Karanja.
Advise Wamalwa. (8 marks)
(Total: 20 marks)

QUESTION SIX
(a)(i)Explain the legal principal in the Rule in Rylands Vs. Fletcher. (4 marks)
(ii)Explain the defences available to a person sued in an action brought against him under this rule. (6 marks)

(b)Jambazi sneaked into Cassman Green’s compound with the intention of breaking into his car and stealing a radio cassette. As he was walking towards the car park, he fill into a pit which Green had dug to construct a water reservoir. As a result Jambazi was seriously injured.
Jambazi now seeks your legal advice as to whether he can successfully sue Green.
State the legal principles applicable to the above facts and advise Jambazi. (10 marks)
(Total: 20 marks)

QUESTION SEVEN
(a)Describe the ways in which a valid written will may be revoked. (6 marks)

(b)Under what circumstances will a gift in contemplation of death “Donatio Mortis Causa” take effect? (6 marks)

(c)Ann made an oral will while admitted at No Hope Medical Centre. She bequeathed all her property to her mother. However, her mother who had gone to see Ann in hospital died in a road accident as she was going back home. Ann has learnt of her mother’s death and seeks your advice as to whether she can bequeath the same property to anyone else. Advice Ann. (8 marks)
(Total: 20 marks)

QUESTION EIGHT
(a)State and explain the duties of a bailee in a bailment contract.(6 marks)

(b)What are the circumstances under which a principal may be estopped from revoking an agent’s authority? (4 marks)

(c)Mrs. Mutua employed Emmah as her sales agent. For several years Emmah sold goods to Mrs Cool, the proprietor of Ever Smart Boutique. Subsequently, Mrs. Mutua dismissed Emmah but did not inform Mrs. Cool of Emmah’s dismissal.
After her dismissal, Emmah collected Sh. 50,000 from Mrs. Cool on behalf of Mrs. Mutua. Mrs. Mutua has demanded the Sh. 50,000 from Mrs Cool who has refused to pay as she had already paid Emmah. Mrs Mutua intends to sue Mrs Cool.
Advise Mrs. Mutua. (10 marks)
(Total: 20 marks)

Introduction To Law I (November 2001) Question Paper

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