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The law provides for various remedies that are available to a person who has suffered following a breach of contract. Some remedies may be claimed as of right whilst other remedies will depend upon the exercise of discretion by the court.
Discuss this statement.
Date posted:
April 18, 2018
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Many contractual clauses in a contract purport to exclude liability for injury, loss or damage. Explain the general rules which will determine the effectiveness of such clauses.
Date posted:
April 18, 2018
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A partner has a right to seek for the dissolution of a partnership. Explain the circumstances under which the court will generally order the dissolution of a partnership.
Date posted:
April 18, 2018
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Explain three characteristics of a public company.
Date posted:
April 17, 2018
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Custom is the oldest source of law. Explain the criteria which must be satisfied before a custom can be applicable as law.
Date posted:
April 17, 2018
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Explain five advantages of arbitration as a form of settling disputes.
Date posted:
April 17, 2018
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Explain the key distinctions between common law and equity.
Date posted:
April 17, 2018
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Mwangi has stolen some goods from Simiyu. The police prosecute Mwangi for theft
and Simiyu sues him for the return of the goods. (i) Explain under what law the action by the police will be based. (ii) In this action by the police, state what Mwangi will be called. (iii) Under what law would the action brought by Simiyu be and what would Simiyu be called?
Date posted:
April 17, 2018
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Explain the difference between codification and consolidation of law and give examples of each.
Date posted:
April 17, 2018
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Mr. Karanja signed blank cheques and left them with his wife to draw cash while he was away attending to business affairs. Mrs Karanja instructed Hatari, a clerk in the firm of Karanja and Karanja Associates to fill in the cheques. Hatari filled in the amount leaving a gap after the words “Sh.” and wrote the amount in words from the middle of the line without using a capital letter. Hatari showed the cheques to Mrs Karanja written “Sh.50,000” and ………. fifty thousand only.” He was authorized to encash the cheque.
However before presenting the cheque for payment Hatari added figure “3” to the amount in figures and “three hundred” in the words. He encashed the chequed for Sh. 350,000. He then gave Mrs. Karanja Sh. 50,000 only. These facts have come to light after Hatari's resignation and Mr. Karanja intends to sue his bankers.
Advise the bank.
Date posted:
April 17, 2018
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Briefly state the various kinds of crossing on a cheque.
Date posted:
April 17, 2018
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“A contract of insurance is a contract of “Uberrimae fidei (utmost good faith)”. Explain
this statement.
Date posted:
April 17, 2018
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In relation to the Law of Succession, what are the duties of a personal representative?
Date posted:
April 17, 2018
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Due to Desmond's carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick's factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production.
Advise Derrick in regard to his rights, if any, against Desmond.
Date posted:
April 17, 2018
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“An occupier of premises owes a duty of care towards persons who are lawfully on his premises. The Occupiers Liability Act does not affect the position of trespassers.”
In relation to the above statement, what is the extent of potential liability of an occupier and to what extent can such an occupier safeguard such liability.
Date posted:
April 17, 2018
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Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and seeks your legal advice on what options they can take to realize the security.
Advise White bank.
Date posted:
April 17, 2018
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Annan agreed to paint Angela's house at an agreed price. When Annan had finished thework. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the doors. Annan fell ill and could not complete the work. Angela refused to pay Annan the contractual price, claiming that the contract had not been fully executed and that therefore he was entitled to be paid only a reasonable sum for the work he had actually undertaken. This, Annan
claimed, was much less than the contract price.
Advise Annan.
Date posted:
April 17, 2018
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Explain three characteristics of a private limited company.
Date posted:
April 17, 2018
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Differentiate between a Memorandum of Association and Articles of Association of a registered company and detail the contents of the Articles of Association.
Date posted:
April 17, 2018
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The Business Premises Rent Tribunals are established under section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishment Act (Cap 301) Laws of Kenya.
What purpose do these tribunals serve and what are their main and important powers as stipulated under the Act?
Date posted:
April 17, 2018
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Describe the various branches of civil law.
Date posted:
April 17, 2018
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Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act.
Date posted:
April 16, 2018
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In relation to the law of succession:
(i) Define a will;
(ii) Explain four formalities of a will.
Date posted:
April 16, 2018
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In relation to the Sale of Goods Act, explain the circumstances when:
(i) A buyer may reject the goods and repudiate the contract
(ii) The buyer may lose the right to reject the goods.
Date posted:
April 16, 2018
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Explain the remedies available to an unpaid seller against:
(i) The goods;
(ii) The buyer under the Sale of Goods Act.
Date posted:
April 16, 2018
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Explain how a hire purchase agreement differs from: (i) A credit sale agreement; (ii) A conditional sale agreement.
Date posted:
April 16, 2018
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Explain five implied conditions and warranties in a hire purchase agreement.
Date posted:
April 16, 2018
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Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold's wife. Explain whether there is a valid contract between Arnold and Ben in the following situations:
(i) Ben does not telephone Cecilia but writes to Arnold accepting his offer.
(ii) Ben sends a telex to Arnold accepting the offer.
Date posted:
April 16, 2018
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It is always necessary to communicate acceptance of an offer to the other party to the contract. Explain whether or not you agree with the above statement.
Date posted:
April 16, 2018
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Outline the disabilities of a mentally disordered person in subject to.
Date posted:
April 16, 2018