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Dba302: Business Law 1 Question Paper

Dba302: Business Law 1

Course:Business Law

Institution: University Of Nairobi question papers

Exam Year:2013

UNIVERSITY OF NAIROBI
COLLEGE OF HUMANITIES AND SCOCIAL SCIENCES SCHOOL OF BUSINESS
DBA 301 BUSINESS LAW 1 (NAIROBI MODULE 2 DAY) April 2013
INSTRUCTIONS: Answer ALL questions.
The maximum time allowed is 1 hour.
1. Discuss the validity of judicial precedent in Kenyan courts. Enumerate other sources of law in Kenya. [5 marks]
2. Discuss the various actionable areas of tort, briefly stating the available general defenses and remedies
3.Briefly discuss the ways in which an agency relationship may be created and terminated under Kenyan laws. [5 marks]
4. Write expository notes about the following:
aJ Damnun sine Injuria,
b) Quantum meruit
c) Salus populi suprema lex
d) The Supreme Court [8 marks]
5. After lengthy negotiations to acquire 60% shareholding and inject some much needed financial investment in VIPER Ltd for its next phase of expansion, Mazangalia reaches an agreement subject to contract, with Asena, VIPER''s Managing Director. Indeed during the talks, Mazangalia is made privy to the teet that VIPER is the second most popular ISP in the Western County. Commanding business worth an average of Kshs 120 million annually, and seeking to have a presence in the neighboring counties. To indicate his commitment, Mazangalia. makes a down payment of Kshs 10 million. Soon, however, it turns out that both the heavy flooding that has come with the annual rains season and vandalism has caused substantial damage to VIPER''s underground fibre optic cables leading to mass migrations of nearly a third of their clients.
i) Advise Mazangalia as to the legal validity of the agreement and his options.
ii) Would this agreement be executed under the Sale of Goods Act? Why or why not? [6 marks]

Dba302: Business Law 1 Question Paper

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