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Introduction To Law I (May 2003) Question Paper

Introduction To Law I (May 2003)

Course:Cpa Part I

Exam Year:2003

KASNEB
CPA PART 1 SECTION 1
INTRODUCTION TO LAW
MAY 2003 TIME ALLOWED:3 Hours
_______________________________________________________________________________________
Answer any FIVE questions

QUESTION ONE
(a)Explain the evolution of the doctrine of equity, indicating its contribution to the legal system of your country. (10 marks)

(b)Write explanatory notes on the following:
(i)Supremacy of the constitution. (3 marks)
(ii)The rule of law. (3 marks)

(c)Identify the factors that may undermine the rule of law in a country.(4 marks)
(Total: 20 marks)

QUESTION TWO
(a)Highlight the establishment and jurisdiction of the following:
(i)The Land tribunals. (4 marks)
(ii)The Kadhi’s court. (4 marks)
(iii)The Court martial. (4 marks)

(b)Explain the powers of the Business Premises Rent Tribunal as provided under the Landlord and Tenant Act of the laws of your country. (8 marks)
(Total: 20 marks)

QUESTION THREE
(a)Citing relevant case law, discuss the doctrine of equitable estoppel, outlining the circumstances under which it arises. (12 marks)

(b)Muthoga entered into a five year lease agreement for office premises with Njenga. After the end of the lease period, the parties agreed that Njenga would continue occupying the office premises for another five years. On that basis, Njenga made extensive renovations to the office premises.
Muthoga has now given Njenga notice to vacate the office premises claiming that the lease agreement had expired.
Advise Njenga on his legal rights. (8 marks)
(Total: 20 marks)

QUESTION FOUR
(a)In relation to the law of tort, explain what is meant by the following:
(i)Private nuisance. (3 marks)
(ii)Public nuisance. (3 marks)
(iii)Giving examples, outline the circumstances when a private individual may sue on his own behalf for public nuisance. (4 marks)

(b)Namweya and Nabayi are both tenants and neighbours at a residential estate. Namweya runs a posho mill business on the premises adjoining the house of her neighbour Nabayi.The posho mill is diesel propelled and when in use causes a lot of vibrations.
Recently, as a result of the vibrations from the posho mill, a beam fell from the roof of the adjoining house occupied by Nabayi and injured her.Nabayi claims that the vibrations of the posho mill have been a nuisance and has as a result sued Namweya for damages.
Explain the legal principles applicable in this case and advise both Namweya and Nabayi. (10 marks)
(Total: 20 marks)

QUESTION FIVE
(a)In a contract of sale of goods:
(i)Explain four categories of unascertained goods. (8 marks)
(ii)Explain the duties of the buyer towards the seller. (4 marks)

(b)Mwisho bought goods from Mwezi and paid for the goods by cheque.When Mwezi presented the cheque to the bank for payment, it was dishonoured.
Advise Mwezi on his legal rights with regard to the goods. (8 marks)
(Total: 20 marks)

QUESTION SIX
(a)(i)What is ratification as used in the law of agency? (2 marks)
(ii)In the law of agency, describe the legal requirements for a valid ratification.
(8 marks)
(b)Harry and Thuku agreed to meet for a business lunch at a restaurant in town. During the lunch, Chuma one of Thuku’s friends joined the two and began to participate in the discussions. Chuma told Harry that he was Thuku’s agent to which Thuku did not object.
A week later, Chuma obtained goods on credit from Harry, allegedly on behalf of Thuku.
Chuma has since disappeared and Harry is demanding payment from Thuku.
Advise Thuku. (10 marks)
(Total: 20 marks)

QUESTION SEVEN
(a)Outline the ways in which a bill of exchange may be discharged. (6 marks)
(b)Outline the characteristics of a promissory note. (6 marks)
(c)Explain the various forms of a qualified acceptance of a bill of exchange.(8 marks)
(Total: 20 marks)

QUESTION EIGHT
(a)Distinguish between the following legal persons:
(i)Incorporated and unincorporated associations (6 marks)
(ii)Partnership and a limited company (6 marks)
(b)Citing decided cases, explain the doctrine of “Ultra vires.” (8 marks)
(Total: 20 marks)

Introduction To Law I (May 2003) Question Paper

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