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Cmm 112:Principles Of Commercial Law Question Paper

Cmm 112:Principles Of Commercial Law

Course:Bachelor Of Commerce

Institution: Catholic University Of Eastern Africa question papers

Exam Year:2011

THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
A. M. E. C. E. A
MAIN EXAMINATION
MAY-JULY 2011TRIMESTER
FACULTY OF COMMERCE
EVENING PROGRAMME
CMM 112:PRINCIPLES OF COMMERCIAL LAW
Duration 2 hrs
Instructions: Answer Questions ONE and any other TWO questions.
Q1.
a) George wanted to sue Samuel for breach of contract but could not afford the expenses and time delays associated with litigation. What other alternatives are available to resolve the matter? Explain. (10 marks)
b) Highlight the contents of the constitution of Kenya. (10 marks)
c) Discuss the rights and duties of an agent. (10 marks)
Q2.
a) Describe the essential elements of a valid contract. (10 marks)
b) Explain how a valid contract can be terminated or discharged. (10 marks)
Q3.
a) Explain the extent to which the following are sources of law in Kenya.
i. English common law and law of equity (4 marks)
ii. African customary law (4 marks)
iii. Judicial precedent or case law (4 marks)
b) Explain the supervisory jurisdiction of the high court. (8 marks)
Q4.
a) Give the description of at least three negotiable instruments. (8 marks)
b) Explain the following concepts of commercial law and give the relevant circumstances under which the concepts can be applicable:
i. Specific performance and injuction.
ii. Nemo data quad not habet
iii. Ex turpi causa non orbitus Actio
iv. Equitable doctrine of restitution. (10 marks)
*END*

Cmm 112:Principles Of Commercial Law Question Paper

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