Hbc 2112: Business Law I Question Paper
Hbc 2112: Business Law I
Course:Bachelor Of Business Information Technology
Institution: Jomo Kenyatta University Of Agriculture And Technology question papers
Exam Year:2012
JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY
UNIVERSITY EXAMINATIONS 2012/2013
YEAR TWO SEMESTER ONE EXAMANITION FOR THE BACHELOR OF BUSINESS INFORMATION TECHNOLOGY
HBC 2112: BUSINESS LAW I
DATE: AUGUST 2012 TIME: 2 HOURS
INSTRUCTIONS: ANSWER QUESTION ONE AND ANY OTHER TWO QUESTIONS
QUESTION ONE: COMPULSORY -30 MARKS
Read the case below carefully and use it to answer the questions that follow:
It’s the year 2012, the year of our good lord. The year has had its fair share of the good, the bad and the ugly. The implementation of the constitution is noty being a walk in the park, as many has thought. Parliament is delaying in legislating bills especially one on leadership and integrity. They have thus decided to delegate some of the legislation roles to various commissions and authorities. The civil society is up in arms against parliament’s decision to delegate the legislation role to other bodies, for reason they know better themselves. The residents of Mikono village, my good in laws, are however bothered less by these controversies. They are burying their son Kioko who died mysteriously in the hands of his uncle Muli who is the major suspect. Mutuku, the wife to the late Kioko is worried that she is going to be inherited by the deceased’s brother Mang’eli who according to the kamba customary law is now supposed to marry her so that he can take care of her. In the meantime, the Mikono council of elders have made a decision that Muli, the main suspect, be drowned in the river with a big rock tied to his waist. Wonders will cease. Would they?
Required:
(a) Discuss five reasons why are the civil societies so opposed to parliament delegating their role of legislating? (10 marks)
(b) Advise Mutuku on the applicability of the kamba custom requiring her to marry her late husband’s brother. (5 marks)
(c) Advise the council of elders on the legality of the custom requiring Muli to be drowned in the river as a punishment under the kamba customary law. (5 marks)
(d) Discuss five advantages of delegated legislation that is being opposed by the civil societies.
(10 marks)
QUESTION TWO
a) The tort of negligence consists of three elements that must be established before the defendant can be held liable. Attempt the definition of tort and discuss these three elements. (10 marks)
b) Discuss any five essential elements of a valid contract. (10 marks)
QUESTION THREE
a) The phrases ‘sources of law’ may literally mean the materials where we find the law. Discuss six sources of law in Kenya. (12 marks)
b) Define what a negotiable instrument is and outline six of its characteristics that distinguish them from other documents used in commercial transactions. (8 marks)
QUESTION FOUR
a) Discuss four ways in which an agency relationship may be created. (10 marks)
b) Upon breach of the contract by the defendant, the plaintiff is entitled to remedies. Discuss six of these remedies. (10 marks)
QUESTION FIVE
Distinguish or explain the use of the following terms and /or phrases as understood in Business Law
I. Strict liability and vicarious liability
II. Domicile , nationality and Residence
III. Law and morality
IV. Principal and agent (20 marks)
More Question Papers