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Aeb 306: Introduction To Business Law Question Paper
Aeb 306: Introduction To Business Law
Course:Bachelor Of Agribusiness Management
Institution: University Of Nairobi question papers
Exam Year:2011
Instructions: Answer Question 1
and ANY other TWO questions
Question 1 (30 Marks)
1. Write brief notes about the
following: (4X4=16 marks)
1. Sale and Agreement to
sell
1. Agency by operation of
the law
2. Injuria sine Damnum
3. Valid, Void and
Voidable Contracts
1. With a mention of all major
sources, discuss, in detail, the
importance of judicial
precedent and delegated
legislation as sources of
Law in Kenya. (14 marks)
Question 2 (20 Marks)
Explain in detail the jurisdiction
of the newly introduced
Supreme Court in
the administration of justice in
Kenya, discussing its importance
in
relation to all other courts, and
some of the constitutional
changes
intended to enhance the
independence of the judiciary.
Question 3 (20 Marks)
1. Discuss in detail the
various elements of a contract.
2. In what ways may a
contract be legally discharged
according to the
Kenya Law of Contract 1961?
Question 4 (20 Marks)
1. Discuss in great detail
“strict liability” and “res ipso
loquitur” in
the law of tort. (6
marks)
2. “Generally anybody can sue
or be sued for torts, but there
are
exceptions.” Enumerate and
discuss at least five parties to
whom special
rules apply. (10 marks)
3. Illustrate how Volenti non
fit injuria and Act of God may
be
successfully used as defences.
(4marks)
Question 5 (20 Marks)
1. Discuss the Law of Agency
provisions regarding the
relationship
between the agent and the
principal. (10 marks)
2. KAHINDI hears from a
mutual friend that KAZUNGU
wishes to sell his
used lawn mower at not less
than 60,000/-. Without
confirming, he sets out
to find a buyer, and soon
MWALABU accepts to buy it,
subject to contract.
Soon after informing
KAZUNGU, KATANA then turns
up and is willing to pay
85,000/-. KAHINDI arranges a
sale from KAZUNGU to
MWALABU, and then
secretly resells from
MWALABU to KATANA. What
are KAZUNGU’s legal
options should he find out?
How different would the
situation be if the
lawn mower was burnt in a
garden-shed fire just before
being delivered to
KATANA? (10 marks)
Question 6 (20 Marks)
1. Distinguish between a
contract for the sale of goods
and a pledge, a
mortgage and a contract for
work and materials. What are
the general
provisions as to the Terms of
the contract for sale of goods?
(10
marks)
KANOTI buys a car from
MNADA Auctions. He is allowed
to take the car away
after paying for it by cheque on
condition that he signs an
agreement that
the car will only be his after
the cheque clears. He almost
immediately
sells it in cash to NDEREVA. His
cheque is later dishonoured.
Discuss
NDEREVA’s options should
MNADA bring action.
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