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Law 1 Question Paper
Law 1
Course:
Cpa Part I
Institution:
Strathmore Business School question papers
Exam Year:
2005
MAY 2005 3 hours
Answer any FIVE questions. ALL questions carry equal marks.
QUESTION ONE
(a) Distinguish the following:
(i) Law and Morality, (2 marks)
(ii) Public and Private Law (2 marks)
(iii) Common Law and Equity (2 marks)
(iv) Substantive Law and Procedural Law (2 marks)
(v) Ratio Decidendi and Obiter Dicta (2 marks)
(b) Explain the following types of precedent:
(i) Declaratory Precedent; (2 marks)
(ii) Original Precedent; (2 marks)
(iii) Distinguishing Precedent. (6 marks)
(Total: 20 marks)
QUESTION TWO
(a) Define the term law in the strict sense of the word. (4 marks)
(b) Explain eight sources of law in Kenya or you country. (16 marks)
(Total: 20 marks)
QUESTION THREE
In relation to the administration of justice and law, in Kenya or your country, explain the composition and jurisdiction of the Resident Magistrate’s courts. (20 marks)
QUESTION FOUR
(a) In relation to the law of persons outline six consequences of incorporation. (12 marks)
(b) Outline the disabilities of a mentally disordered person in subject to. (8 marks)
(Total: 20 marks)
QUESTION FIVE
(a) It is always necessary to communicate acceptance of an offer to the other party to the contract. Explain whether or not you agree with the above statement. (12 marks)
(b) Arnold wrote to Ben offering to sell him a consignment of goods. In the letter he advised Ben to telephone his decision to Cecilia, Arnold’s wife. Explain whether there is a valid contract between Arnold and Ben in the following situations:
(i) Ben does not telephone Cecilia but writes to Arnold accepting his offer.
(4 marks)
(ii) Ben sends a telex to Arnold accepting the offer. (4 marks)
(Total: 20 marks)
QUESTION SIX
(a) Explain five implied conditions and warranties in a hire purchase agreement (10 marks)
(b) Explain how a hire purchase agreement differs from:
(i) A credit sale agreement; (6 marks)
(ii) A conditional sale agreement. (4 marks)
(Total: 20 marks)
QUESTION SEVEN
(a) Explain the remedies available to an unpaid seller against:
(i) The goods; (6 marks)
(ii) The buyer under the Sale of Goods Act. (4 marks)
(b) In relation to the Sale of Goods Act, explain the circumstances when:
(i) A buyer may reject the goods and repudiate the contract (6 marks)
(ii) The buyer may lose the right to reject the goods. (4 marks)
(Total: 20 marks)
QUESTION EIGHT
(a) In relation to the law of succession:
(i) Define a will; (2 marks)
(ii) Explain four formalities of a will. (8 marks)
(b) Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act. (10 marks)
(Total: 20 marks)
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