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Tbs 316 : Business Law Question Paper
Tbs 316 : Business Law
Course:Bachelor Of Education Arts
Institution: University Of Nairobi question papers
Exam Year:2011
2011 TBS 316 : BUSINESS LAW
INSTRUCTIONS.
Read the following instructions and questions carefully before responding.
Answer question one and any other two questions in this paper.
Question one (compulsory)
Write brief notes on the following:
a) Sources of Kenyan law
b) The District Magistrate courts.
c) Formation of agency.
d) Public and Private Nuisance.
e) Rules that govern the doctrine of consideration
f) Remedies available to unpaid seller.
Question Two.
(a) Emili Odinga and Amolo Kibaki entered into a contract for the supply of office stationery. Comment on the creation or lack thereof of a contractual relationship in this instance, taking note to comment on the following:
i) Elements required for the creation of a contract in this instance.
ii) Vitiating factors that could affect the contract.
iii) Remedies available to either party in the event of a breach.
(b) Explain in relation to the sale of Goods Act, the circumstances the Amolo kibaki may reject goods supplied by Emili Odinga and repudiate the contract.
Question Three.
(a) Explain the circumstances under which an agent may be held personally liable for contracts made on behalf of his principal.
(b) Briefly discuss the duties of the agent and principal to each other.
(c) Jonas Wepukhulu is retained by Masomo publishers as a commission sales agent. He is entrusted with a consignment of text books and assorted stationery worth Kshs. 1,500,00 to distribute to schools he has visited in the Soi area that falls within his territory. He asks the schools to draw the cheques in his favour, and realizes that he has been paid a total of Kshs. 1,900,000 by the time the entire stock is sold. He writes out a cheque of Kshs 1,500,000 to Masomo publishers and puts in a claim for his 12% Commission as per the terms. While conducting survey among its clients, Masomo publishers discover the abnormally. Advise them.
Question Four.
a) Distinguish between law and morality.
b) Evaluate the constitution as a source of Law in Kenya.
c) Discuss the application and validity of judicial precedent as an important contribution to the laws of Kenya.
Question Five.
a) Discuss in detail how justice is administered in Kenya, pointing out the changes likely to result from the operatonalisation of the new Constitution.
Question Six.
With clear illustration, discuss the following under tort.
a) Trespass on the person.
b) Contributory negligence.
c) Volenti non fit injuria
d) Capacity.
e) Defamation.
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