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What is a lien? Explain the various types of lien.
List and explain the general duties of a bailee and the bailor in a contract of bailment.
“Payment of a lesser sum of the day is satisfaction of a large sum is not sufficient consideration for the creditor's promise to accept such payment in full settlement of the debt.” Discuss.
Explain the principle of vicarious liability.
K. Kemei want to buy a new car for G. N Motors Ltd. He selected a new and nice looking car and was informed by G. N. Motors Ltd that the car was new and free from any defects K. Kemei signed a sale agreement with the motor company which partly read “…..no condition or warranty that the vehicle is road worthy or as to its age or fitness for any purpose is given or implied by the seller. Goods once sold cannot be returne.” When the car was delivered to K. Kemei after paying for it, he discovered to his surprise that it was a second hand car of the same make as the car he had selected but with several major mechanical defects. G. N Motors Ltd. insists that he sale was validly concluded and that they cannot be liable to K. Kemei under any circumstances. Advise Kemei.
Discuss the rules that affect the effectiveness of exemption clauses.
Write explanatory notes on law society of Kenya.
Write explanatory notes on duties or obligations of an advocate.
What were the weaknesses of the common law?
How is the supremacy of the constitution as a source of law manifested?
In what circumstances may a party challenge an arbitral award in the High Court?
Define the term “a cheque”
Discuss the contractual capacity of Corporations.
Discuss the contractual capacity of undischarged bankrupts.
Discuss the contractual capacity of persons of unsound mind.
Discuss the statutory Provisions governing occupiers liability in Kenya.
In relation to partnership law write explanatory notes on admission of a new partner.
In relation to partnership law write explanatory notes on Incapacities of an assignee Partner.
In relation to partnership law write explanatory notes on the Expulsion of a partner.
Shah, in response to an inquiry by Onyango regarding the possible sale of his (Shah's) car, wrote to Onyango stating, “I have decided to sell to you my car for $5,000. If I hear nothing from you before next Sunday, I will take it that you have accepted. “Onyango considered the price to be too high and decided to look for another car but forgot to reply to Shah's letter. Shah is now threatening to sue Onyango for breach of contract. Advise Onyango.
In what circumstance will a contract be vitiated by common mistake?
Distinguish between principal and subsidiary sources of law.
What to you understand by the phrase “Source of law”?
State the circumstances in which the guarantor will be discharged.
Distinguish between a contract of guarantee and a contract of indemnity.
Onyango signed a cheque and crossed it “not negotiable.” He told Atieno, his secretary, to fill in a certain amount and to X‟s name as payee. Atieno filled in a large amount made the cheque payble to Nairobi Harambee Secondary School and gave it to her brother to take it to the school in order to pay the outstanding school fees. The Nairobi Harambee secondary school cashed the cheque in good faith. Onyango wants to know his rights, if any, against the school. Advice onyango.
Examine the circumstances in which a banker has no authority to honour a cheque drawn on him.
Explain how an unpaid seller may lose the right of lien and stoppage in transitu.
Explain the advantages of administrative tribunals over courts of law.
Courts of law are not the only means by which disputes may be resolved. Administrative tribunals have been held to be alternatives to the courts of law in the dispensation of justice. In light of the above statement: What do you understand by administrative tribunals?