Commercial And Administration Law: Diploma In Ba Question Paper
Commercial And Administration Law: Diploma In Ba
Course:Diploma In Business Administration
Institution: Machakos University question papers
Exam Year:2011
End of term examination
Business Administration Diploma 2
Commercial and Administration Law
Instructions: Answer any five questions
Time: 2 hours
1. (a) Explain five types of contracts.( 10 marks)
(b) Outline the contracts that must be evidenced in writing.( 10 marks)
2. (a) Explain five rules of offer. ( 10 marks)
(b) Outline three rules of revocation. ( 6 marks)
(c ) Explain two exceptions to communication of acceptance.( 4 marks)
3. (a) Define an infant. ( 2 marks)
(b) In relation to the law of contract, outline three contracts that are void if entered into with an infant.( 6 marks)
(c ) It is always necessary to communicate acceptance of an offer to the other party to the contract.
Explain whether or not you agree with this statement. ( 12 marks)
4. (a) How true is it to say that in order for a contract to be discharged by performance the performance must be precise and exact? (10 marks)
(b) Inspector Mohamed offered a reward to anybody who would assist in giving information that could lead to the arrest of Otieno a notorious gangster.A reward of 1 million was advertised in a newspaper. Arap Korir who did not know of the reward volunteered information to inspector Mohamed and Otieno was arrested and convicted. However inspector Mohamed did not give Arap Korir the reward. It is now four months since the arrest of Otieno and Arap Korir has not received the reward. Arap Korir is aggrieved and seeks your advice.
i. Explain the legal principles involved.
ii. Advise Arap Korir. ( 10 marks)
5. (a) Jackson entered into a contract with Jacinta whereby Jackson was to introduce Jacinta to Tajiri with a view of Tajiri marrying Jacinta.
Jackson asked Jacinta to give him 10, 000 which Jacinta did.
Subsequently, Tajiri promised to marry Jacinta in case his wife who was in hospital died.
However Tajiri’s wife underwent successful surgery and fully recovered. Tajiri has now refused to marry Jacinta.
Jacinta is aggrieved and wishes to sue Tajiri and has come to you for advice.
i. Explain the legal principles involved.
ii. Advise Jacinta.( 10 marks)
(b) Catherine who has various houses spread over the red light district entered into a rental contract with Mary. Unknown to Catherine,Mary wanted to use the premises as a sexual parlor. Mary has defaulted in her rent payment and Catherine wants to sue her.
i. Explain the legal principles involved.
ii. Advise Catherine. (10 marks)
6. (a) Explain the exceptions to the doctrine of privity of contract.( 10 marks)
(b) Outline five rules of consideration. ( 10 marks)
7. (a) Explain the validity of the following contracts entered into by Rita aged 16 years.
i. A contract of apprenticeship as a hairdresser with Esther
ii. A contract to purchase shares from Thuo Ltd
iii. A contract with Moses to visit her mother in hospital.
iv. A guarantee by Mrs. Kamau and miss Wanjiru for an overdraft with a bank. ( 8 marks)
Explain the circumstances under which a court of law would decline to grant specific performance. ( 12 marks)
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