Introduction To Law I (May 2002) Question Paper

Introduction To Law I (May 2002) 

Course:Cpa Part I

Institution: Kasneb question papers

Exam Year:2002

Answer ANY FIVE Questions. All questions are allocated each marks.

(a)In relation to sources of law in your country:
(i)State and explain four reasons for delegated legislation. (8 marks)
(ii)Explain four circumstance under which African customary law will be applicable in the courts. (8 marks)

(b)Outline two types of classification of law. (4 marks)
(Total: 20 marks)

(a)In relation to the structure of courts in your country.
(i)Explain the composition and jurisdiction of the Court of Appeal. (6 marks)
(ii)What is the composition and powers of the industrial court? (8 marks)
(b)Name the courts that have jurisdiction to hear the following cases and give reasons for your answer.
(i)A trial for murder. (2 marks)
(ii)A divorce case involving Asha and Mohammed both who confess Islamic faith.
(2 marks)
(iii)An appeal case by Yusuf who has been convicted by a Chief Magistrate’s court for committing a robbery with violence and sentenced to death. (2 marks)
(Total: 20 marks)

(a)In relation to the Sale of Goods Act:
(i)Explain four rules that govern delivery of goods. (8 marks)
(ii)Outline the circumstances under which the unpaid seller may exercise his right of lien. (6 marks)

(b)Ndolo attended an auction conducted by Fagia Auctioneers Ltd. The auction goods were displayed in three different lots. However, Ndolo bid for the goods under a mistaken belief that he was bidding for all the goods. Eventually. When he went to collect the goods, he found only one lot reserved for him. Ndolo is aggrieved and seeks your legal advice.
Advise him. (6 marks)
(Total: 20 marks)

(a)In relation to the Law of Agency, explain five circumstances under which an agent may be held personally liable to third parties. (10 marks)

(b)Raju appointed Kariuki to transport fresh fish from Mombasa to Nairobi. As Kariuki was preparing to leave Mombasa to Nairobi, it rained heavily and the Thange River Bridge was swept off. As a result, Kariuki chartered a flight to Nairobi to deliver the fish as he feared the fish would go bad and he was unable to immediately contact Raju. However, upon arrival in Nairobi and delivery of fish, Raju refused to reimburse Kariuki charges for the flight Kariuki intents to sue Raju.
Advice him. (10 marks)
(Total: 20 marks)

In relation to the Law of Contract
(a)Explain five essentials of a valid contract. (10 marks)

(b)Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to Tajiri with a view of Tajiri marrying Jacinta. Jackson asked Jacinta to give him Sh. 10,000 which she did. Jackson then introduced Jacinta to Tajiri and Tajiri promised to marry Jacinta in case his wife who was by then very ill in hospital passed away.However, Tajiri’s wife Juliana underwent a successful surgery and fully recovered from the illness. Tajiri has now refused to marry Jacinta.
Jacinta is aggrieved and wishes to sue Jackson and Tajiri.
Advise her. (10 marks)
(Total: 20 marks)

(a)In relation to the Law of Contract, explain six ways in which a contract may be discharged. (12 marks)

(b)Janet and Mary entered into a contract in which Janet was to sell a car to Mary, for Sh. 250,000. Unknown to the parties, the car which had been parked at John’s garage had been burnt down that morning following a fire outbreak at the garage. Mary had paid Janet Sh. 100,000 as deposit. She now intends to sue Janet for breach of contract
Advise Janet. (8 marks)
(Total: 20 marks)

(a)Explain four types of endorsement that may be made on a bill of exchange.(8 marks)
(b)Alex is a customer at Pesa Bank. Three days ago, he visited the bank and complained that he had noticed from his bank statement that three unauthorized withdrawals had been made and his account debited. Investigations reveal that the withdrawals were made by Charles. Alex’s office messenger who stole Alex’s cheque book made out the payments and subsequently forged Alex’s signature.
Explain the legal position of Pesa Bank. (12 marks)
(Total: 20 marks)

(a)Outline four duties of a common carrier. (8 marks)

(b)Explain the legal principles that govern double insurance of goods. (4 marks)

(c)In relation to the law of Succession, explain the factors that he court will consider when making provisions for dependants not provided for in a will.(8 marks)
(Total: 20 marks)

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