End Of Stage Examinations 2010: Commercial And Administrative Law Question Paper
End Of Stage Examinations 2010: Commercial And Administrative Law
Course:Diploma In Business Administration
Institution: Machakos University question papers
Exam Year:2010
End of stage examinations 2010
Diploma 1
Diploma in Business Administration and Marketing Management
Commercial and Administrative Law
Instructions
(a) Answer any five questions
All questions carry equal marks
(b) Where applicable, illustrate your arguments with relevant cases
1. (a) What do you understand by the term law?( 1 mark)
(b) What is the importance of law in the society. ( 5 marks)
(c) Outline five disadvantages of delegated legislations.( 5 marks)
(d) What are the advantages of parliamentary statutes.( 9 marks)
2. Kenyan parliament is bestowed with the duty to make laws/legislate laws.
What is the procedure followed before a bill passes into law in parliament.( 20 marks)
3. (a) The partnership Act outlines the elements which form a partnership, this includes a partnership deed, what are the major contents of a partnership deed?( 10 marks)
(b) In a partnership, what are the main duties of each partner? ( 4 marks)
(c ) What circumstances may lead to dissolution of a partnership?(6 marks)
4. In sale of goods Act, there is general principal of law that no body can give what he does not have ‘Nemo dat quod habet’ Discuss the exceptions to this rule.( 20 marks)
5. (a) In relation to the law of Agency, identify four types of agents and their authority.( 8 marks)
(b) An agent acts on behalf of the principal, how is that relationship created. ( 4 marks)
(c ) Raju appointed Kariuki to transport fresh fish from Mombasa to Nairobi.
As Kariuki was preparing to leave Mombasa for Nairobi, it rained heavily and the Thange River was swept off. As a result, Kariuki chartered a flight to Nairobi to deliver the fish as he feared the fish would go bad and he would be unable to conduct Raju. However, upon arrival in Nairobi and delivery of the fish,Raju refused to reimburse Kariuki’s charge for the flight.
Kariuki intends to sue Raju.
Advise him.( 8 marks)
6.(a) In relation to the law of property, differentiate between the following terms:
(i) Chose in possession and chose in action.( 3 marks)
(ii) Real property and personal property. ( 3 marks)
(iii) Ownership and possession.( 3 marks)
(b) (i) Mr.John Hopkins Intends to let a building in Machakos town so as to establish a Mega Coffee bar. He is indifferent on the form of tenancy to enter into so as to have continuity of his business beyond foreseeable future. Give him four options which he can enter into and advise him since he lacks legal knowledge. ( 4 marks)
(ii) In case he wants to terminate the lease entered above, advise him on the various options. (Give two only) (4 marks)
(iii) As a tenant, what will be his core duties? (3 marks)
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