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Cpa Law 1 Question Paper
Cpa Law 1
Course:
Institution:
question papers
Exam Year:
2011
INTRODUCTION TO LAW
27TH MAY 2011
INSTRUCTIONS: Answer any five questions
QUESTION ONE
A) a) Explain the term 'international law'(2marks)
b) Summarize eight matters that are dealt with under international law.(8marks)
B) a) Explain two categories of judicial precedent.(4marks)
b) Discuss three advantages of judicial precedent as a source of law in your country.(6marks)
QUESTION TWO
A) a) Explain the meaning of the term 'arbitration'(4marks)
b) Explain three advantages of arbitration as a form of settlement of disputes over the court process.(6marks)
B)Discuss the constitutional concept of separation of powers and the ways in which it might be applied in your country.(10marks)
QUESTION THREE
A) Janet Rama, a business lady, sent a telephone message to Mary Kale a fellow business lady, accusing her of 'stealing' her clients. The message contained abusive words to the effect that Mary Kale was 'a witch' who uses 'herbs' and 'witchcraft' to lure customers to her salon and boutique. In addition to sending the message to Mary Kale, Janet Rama sent the message to several customers of Mary Kale.
As a result, Mary Kale has lost many of her customers and her business is threatened with closure. All the contents of the message were false. Mary Kale has come to you for legal advice.
Required,
a) Explain to Mary Kale the term 'defamation'(4marks)
b) Advice Mary Kale on her legal rights, if any.(8marks)
B)The general rule is that motive is irrelevant in the law of tort for purposes of liability. Explain the exceptions of this rule.(8marks)
QUESTION FOUR
A) Highlight the rules that govern the capacity of parties to enter into legally binding contracts.(6marks)
B) Citing relevant case law, explain four rules governing remoteness and the measure of damages in the law of contract.(8marks)
C) Describe three conditions necessary for valid ratification of a contract.(6marks)
QUESTION FIVE
A) Explain four conditions which are implied in every contract covered by the Sale of Goods Act.(8marks)
B) Analyze two circumstances under which a seller's right of lien might be terminated.(4marks)
C) Any person who has been appointed to represent another in dealings with third parties is an agent. There are however persons who regularly act for others in business transactions as professional agents.
Discuss four examples of professional agents.(8marks)
QUESTION SIX
A) a) Explain the term 'hire purchase'(2marks)
b) Nura Kara entered into hire purchase contract with Ujuzi Traders regarding a sewing machine. The hire purchase price of the sewing machine was KSH. 10000. Nura Kara has paid a total of KSH 8000but is facing financial difficulties and is in arrears of two months. The hire purchase company has repossessed the machine. Nura Kara is aggrieved.
Explain the legal principles applicable in this case and advise Nura Kara.(6marks)
B) Discuss six rules governing presentment for payment of a bill of exchange.(12marks)
QUESTION SEVEN
A) In relation to the law of property, discuss five characteristics of copyright.(10marks)
B) Discuss five legal remedies of a mortgagee against a defaulting mortgagor.(10marks)
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