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Introduction To Law I (November 2002) Question Paper

Introduction To Law I (November 2002)

Course:Cpa Part I

Exam Year:2002

KASNEB
CPA I SECTION 1
INTRODUCTION TO LAW
NOVEMBER 2002 TIME ALLOWED:3 Hours
Answer ANY FIVE Questions. All Question are allocated equal marks.
_______________________________________________________________________________________

QUESTION ONE
(a)Law is described as a body of rules for guidance of human conduct which is imposed upon and enforced among the citizens of the state. Discuss (6 marks)

(b)Most of the legal systems have their origins in ancient customs of the nation. Customs could therefore be said to be the oldest source of law. However, in order to gain recognition and enforcement by the courts, the particular custom should have certain characteristics. State and explain these characteristics.(6 marks)

(c)One of the recognized sources of law in a country are the are the Acts of Parliament.Explain the advantages of Acts of Parliament as a source of law.(8 marks)
(Total: 20 marks)

QUESTION TWO
On the grounds of public policy and in order to preserve and protect the cherished right of freedom of speech, certain statements which may be defamatory are protected by law. The public interest in free speech is allowed to override the private right of interest of a person whose reputation has been injured.
(a)Define the term “defamation” and indicate the forms which defamation can take.
(4 marks)

(b)Explain in detail the occasions when a statement would enjoy privilege and hence not actionable in court. (12 marks)

(c)Explain the four essential aspects of the defence of fair comment in an action for defamation. (4 marks)
(Total: 20 marks)

QUESTION THREE
(a)With reference to a contract of sale of goods, explain the implied conditions on the part of the seller. (6 marks)

(b)Explain the exceptions to the “nemo dat” rule. (6 marks)

(c)A contract of sale of goods by sample between Ben and Sally provided that payment of the goods was to be made on arrival against the shipping documents.
Ben, who is the buyer, paid for the goods before he had the opportunity to examine the goods. Later, on examinations, Ben found that the bulk of the goods did not correspond with the sample. Explain in detail whether Ben can reject the goods.
(8 marks)
(Total: 20 marks)

QUESTION FOUR
(a)Define a ‘pledge’ and distinguish a pledge from a mortgage. (3 marks)

(b)Explain the main characteristics of a pledge. (4 marks)

(c)Discuss the ways in which a pawn can be redeemed. (8 marks)

(d)Describe the remedies of a legal mortgage. (5 marks)
(Total: 20 marks)

QUESTION FIVE
A will is a declaration made by a person during his lifetime, of his intention concerning disposal of his property after his death. In relation to wills:
(a)Explain the characteristics of a valid will. (3 marks)

(b)Describe the formalities of a valid will. (6 marks)

(c)Explain the ways in which a will can be revoked. (8 marks)

(d)Give details of the duties of a personal representative. (3 marks)
(Total: 20 marks)

QUESTION SIX
(a)Illustrate three ways in which property may be acquired. (3 marks)

(b)Give details of four types of tenancies. (4 marks)

(c)Terry is a tenant of Lucas under a lease agreement signed and executed by both parties. At the time of signing the lease, Lucas had promised Terry that he would repair a window which had broken. A year has lapsed and the window is not yet repaired.
In the meantime, Lucas has been constructing a house next to the house occupied by Terry. He has been using Terry’s compound as a storage for timber and other construction materials.
Terry has been under constant disturbances by the builders requiring her to open the gate so that the building materials, could be bought in and taken out. This has made the compound dirty and noisy.
Terry seeks to know the rights which would protect her against these inconveniences under the lease agreement. Advise her. (8 marks)

(d)Explain ways in which a lease may be determined. (5 marks)
(Total: 20 marks)

QUESTION SEVEN
(a)Citing examples, write brief notes on the following:
(i)Contracts which must be under seal. (4 marks)
(ii)Contracts which must be in writing. (4 marks)
(iii)Contracts which must be evidenced in writing. (4 marks)

(b)Explain the contents of the memorandum required as evidence of a contract. (8 marks)
(Total: 20 marks)

QUESTION EIGHT
The fundamental rights and freedoms of the individual are guaranteed by the constitution but are subject to respect for the rights and freedoms of others and for public interest.
With reference to life, liberty, security of the person and protection of law:
(a)Explain circumstances when a person shall not be regarded as having been deprived of his life in contravention of the provisions of the Constitution if he dies as a result of the use of force. (4 marks)

(b)Cite instances when a person shall be lawfully deprived of personal liberty.
(16 marks)
(Total: 20 marks)

Introduction To Law I (November 2002) Question Paper

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