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Tbs 306: Busines Law. Question Paper

Tbs 306: Busines Law.

Course:Bachelor Of Education

Institution: University Of Nairobi question papers

Exam Year:2012

2012 TBS 306: BUSINES LAW.
INSTRUCTIONS.
Answer question one and any other two questions.
A total of three questions should be answered.
Question One. (compulsory)
(a) Write brief notes on the following terms as used in law;
(i) Agency by necessity
(ii) Undue influence
(iii) Caveat emptor
(iv) Res ipsa loquitor

(b) Discuss the sources of law as currently applicable in Kenya, demonstrating a clear hierarchy of these sources.

(c) Clearly distinguish contract from Tort and Crime citing an instance when one could lead to action for all the three.
Question Two
(a) Explain the remedies available to the unpaid seller in a sale of goods contract.

(b) In relation to the sale of Goods act, explain circumstance when;

(i) A buyer may reject the goods and repudiate the contract.
(ii) The buyer may lose the right to reject the goods.

Question three.
(a) When parties enter into a contract, it is virtually impossible to them to include express terms to cover every eventuality. Discuss how and when terms maybe implied into contract.

(b) Discuss in detail liability in each of the following circumstance.

(i) Alice loses her luggage while travelling on Grand Royal Shuttle from Nairobi to Kitui. When she complains she is referred to the reverse side of her receipt/ticket which states that the company will not be liable for any lost luggage.

(ii) Kimani is unable to complete payment for a consignment of lubricants he was supplied with by Mafuta Ltd, with whom he had signed up when they had indicated they might sue his father, a lawyer, for some 500,000/= he had collected on their behalf in a case in which he represented them but never handled to them.

(iii) Odundo is engaged by Nyamboka to fell trees in the compound housing his offices along Kikuyu Road. One of the trees falls across the road. Gitau is a passerby starts to help unblock the busy road. When it is done, he stays to demand for payment.

Question Four.

Describe the system of administration of justice in Kenya, briefly commenting on key changes following the enactment of the constitutional of Kenya Act 2010 and other legislation thereafter.

Question Five.

(a) Explain the duties and rights of the agent and the principle.

(b) Wambua is engaged as an agent by Mulongo Associates to sell newly developed maisonettes in Syokimau. He accepts an offer of 5.2 million from Kanzira for the last house left, which the owner accepts. Later Walubengo offers 6 million which collecting his commission, cancels the initial sale and re-sells to Walubengo, keeping the difference. What are Mulongo Associates’ legal options when they discover? What would be the position should the maisonettes be demolished for being on government land with an illegal title deed?

Question Six.

With clear current illustration and a discussion of various actionable areas explain why you would consider it important for someone in your career line to have full understanding of the laws relating to TORT.

Tbs 306: Busines Law. Question Paper

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