Consumer Protection Law Question Paper
Consumer Protection Law
Course:Bachelors Of Law
Institution: Jomo Kenyatta University Of Agriculture And Technology question papers
Exam Year:2012
JOMO KENYATTA UNIVERITY OF AGRICULTURE AND TECHNOLOGY
UNIVERSITY EXAMINATIONS 2012/2013
SEMESTER I EXAMINATIONS FOR THE DEGREE OF BACHELORS OF LAWS
LSC 2308: CONSUMER PROTECTION LAW
DATE: AUGUST 2012
TIME: 2 HOURS
INSTRUCTIONS: ANSWER ONE QUESTION AND ANY OTHER TWO QUESTIONS
QUESTION ONE
(a) Discuss the assertion that there is no specific law that governs product liability in Kenya and the legal framework for product liability redress straddles both contract and tort law. (20 marks)
(b) Collette is a sophomore law student at the school of law, Jomo Kenyatta University of Agriculture and Technology. She is not comfortable with her dark African skin partly because she thinks it is contributing to her not having many friends and being “popular” at college. She reads in a magazine that there are tablets and creams, which when used, make a black skin to look fair and lighter. She proceeds to “Skin Glow Beauty shop”, located on Kenyatta Avenue, and buys “glow”, a cream that will turn her skin lighter and fair. After using it for three months she develops rashes on most parts of the body and cysts on her legs. The doctors tell her that this has been caused by using “glow”. Explain legal redress available to Wendy. (10 marks)
QUESTION TWO
(a) The Trade Descriptions Act prohibits false description of goods or services in “ the course of any trade”. With the aid of decides cases, explicate the meaning of “the course of trade” (12 marks)
(b) The marketing department of Trendy Clothing Lines, located on Moi Avenue, advertised that their menswear products had been made in Italy. Indeed, the labels on the clothing stated they had been produced in Italy. McDonald bought a pair of shoes with ‘made in Italy’ label from the shop and discovered that they had been manufactured in China. Advise McDonald about the remedies he has. (8 marks)
QUESTION THREE
Discuss the assertion that courts may set aside contracts and other dealings on the ground of “unconscionable conduct” noting to explain how this protects consumers. (20 marks)
QUESTION FOUR
In one of the classes, the lecturer asserts that there has been enormous expansion of the service industry in Kenya over the last 15 years or so, but legal developments have not kept pace with the developments. Focusing on consumer credit, discuss the legal regime governing the transaction in Kenya. Challenges that the laws as it exists poses to consumers and suggest reform measures to address legal, regulatory and institutional lacuna. (20 marks)
QUESTION FIVE
Write short notes on the following
(a) Kenya bureau of standards (10 marks)
(b) Consumer Advocacy as a strategy for promoting consumer welfare in Kenya (10 marks)
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